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Law 101: Legal Guide for the Forensic Expert

Using Affidavits in Place of Testimony

There are five circumstances in which affidavits may be used instead of a witness's in-court testimony:

  1. To support an arrest warrant.

  2. To present evidence to a grand jury.

  3. In preliminary hearings or probable cause hearings.

  4. By agreement or stipulation of the parties in a trial.

  5. To provide impeachment material of the affiant, who later testifies in person.

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