My friend is in court with her childrens dad. My concern is my friends ex has drinking issue and I wouldn't want the children's saftey to be in question. My question is can I be called on the witness stand bc of the conversation I had with my friends ex at a bar? He was extremely drunk(drinking shot after shot)and I asked him if he was driving home bc that's messed what happens if you hurt someone and what if you get a dwi that could effect you in family court and seeing the kids. He said "My lawyer said I wouldn't lose anytime with my kids if I get a dwi my lawyer said plus my friends are cops so I'm fine." Well I followed him out to his car and he put his keys in the ignition and started his car when a cop came over to him. Needless to say the cop was his friend and let him drive off.
As a general matter, yes, you might be called as a witness if your testimony would be relevant to the matters at hand. And yes, you can be asked to testify as to some of what your friend's ex said to you - out of court statements offered for their truth are hearsay, which is often excluded, but there are many exceptions to that rule.
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You can testify only to what you saw or heard directly. How do you know the cop who stopped him was his friend?
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The statements made to you can be considered admissions. Admissions can be testified to. Also, your observations of his level of intoxication and the officer allowing him to leave can all be testified to. Those are actions that you would be testifying about, not statements. Does your friend have an attorney?
Unless your friend is representing herself, her lawyer, trained in evidence, will make the appropriate questions within the ambit of the rules of evidence. If she is representing herself, she will tied up in knots if he has a lawyer. A judge is not supposed to compensate for the lack of technical knowledge that a party has, so it behooves your friend to get counsel,
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