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What constitutes documentary evidence and what is usable in defense of a case?

Albany, NY |

If in a prior case between the same parties for different claims, you have acquired sworn depositions of party and non party witnesses in the earlier case that you believe are an affirmative defense in the current case; would these EBT statements of party and non party witnesses be admissable. Likewise if there are writings that are from years earlier that you believe would provide a defense, does the age of the documents make any difference as to admissability? In the current case being a claim of defamation, but you have EBT and older documents from the original case that prove what was being said was true, would those papers be allowed to be used in the current case?

Attorney Answers 2


  1. Depositions are sworn statements so they should be admissible if relavent or to impeach a witness. The age of the document does not matter.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.


  2. As long as you can provide a foundation for the documents in question, they should be admissible.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.