affidavits admissable as evidence in cust. trial?

[loved08]

we have a custody case next thur. in sc.

his lawyer said we can't get affs as evidence bc her lawyer can't cross examine a paper, IF we submit them to HER lawyer before the date can't we submit them then as evidence so he has time to call these ppl and get the info he needs for his client?

i understand this is an all day trial/divorce hearing...after 2 yrs mind you...so is there ANYway that we can these in? these are VITAL to our case & we can't get these ppl in court that date (they live out of state across the country). please please help!!!!

They have to be availale for cross examination or most courts will not allow their statements.

You could ask if they may testify by phone, or change the date.


[In American jurisprudence, under the rules for hearsay, admission of an unsupported affidavit as evidence is unusual (especially if the affiant is not available for cross-examination) with regard to material facts which may be dispositive of the matter at bar. Affidavits from persons who are dead or otherwise incapacitated, or who cannot be located or made to appear may be accepted by the court, but usually only in the presence of corroborating evidence. ]