“My witness can just fill out an affidavit.”

Some of the same people who think the testimony of one person isn’t evidence and that any witnesses against them have to appear in court every time they do, like to think that their own witnesses can submit an affidavit without appearing at trial. Many clients do not understand why affidavits are not allowed, but they do understand why the other side should not be allowed to use them.

The only basis in reality to the mythical admissibility of the affidavit is that affidavits are allowed in traffic court,69 and probably in the People’s Court, and on some other television court shows.