Does witness statement have to be notarized

Criminal Defense 3 views 4 answers
i have a friend thats filing a post conviction relief motion and she has witnesses that wrote a statement signed it and and did the under penalties and perjury they delcare that the imformation is true and correct,did that statement have to be notarized

Attorney Answers

4
James Regan ·
If they are not in custody, they should be. Why not go the extra mile and do it as correctly as possible, rather than risk denial? What does a notarization cost, $5? Sent from my iPad
0 upvotes
Christian Matthew DenmonCriminal Defense AttorneyTampa, FL ·
For purposes of procedure: Both a statement under oath (assuming the language is correct) and a statement delivered in front of a notary are affirmations or "verifications" under Florida Statute. Both carry a penalty of perjury for a false statement. Without knowing anything about the specifics of your friend's particular motion: both are affimations that should carry idential weight.
0 upvotes
Frank Mascagni IIICriminal Defense AttorneyLouisville, KYKY licensed ·
I assume your friend is in custody having been convicted of a crime. I assume she is in custody. She needs a post-judgment relief attorney to assist her. Advise her to hire a competent criminal defense attorney in your area. My experience is that a statement that is notarized is respected more than one that is not. If she can't afford private counsel, file a motion with the court asking that the court appoint her cousel as she is indigent.
0 upvotes
Michael Palumbo 1477580.Html ·
Not necessarily, however it only costs $2.00 or so for notarization so do it.
0 upvotes

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