Often times, the plaintiff in such cases will try to submit a CCP 98 Declaration In Lieu of Live Testimony prior to trial. You should subpoena the witness to appear at trial, thereby permitting an opportunity for cross-examination. If the witness is not available for subpoena or fails to appear for trial after having been properly served with a subpoena, then you can ask the court to exclude the Section 98 declaration.
Frank Wei-Hong Chen Lawyer
Posted almost 14 years ago.
This is true.
Often times, the plaintiff in such cases will try to submit a CCP 98 Declaration In Lieu of Live Testimony prior to trial. You should subpoena the witness to appear at trial, thereby permitting an opportunity for cross-examination. If the witness is not available for subpoena or fails to appear for trial after having been properly served with a subpoena, then you can ask the court to exclude the Section 98 declaration.
http://www.avvo.com/legal-guides/ugc/declaration-of-authorized-agent-in-lieu-of-live-testimony-ccp-section-98?ref=kb_serp_title_2