Plaintiff's granted Motion for Telephonic Witness reads: "...Court Appearance scheduled for (trial date). Appearing as a witness in person will be an economic hardship for Plaintiff's client, as Plaintiff's witness resides outside of the State of Arizona. Allowing Plaintiff's witness to appear telephonically will not be unreasonable, nor will it be unjust for either party." Prior to this, plaintiff only submitted an Affidavit of Debt and Bill of Sale. Is this witness THE SAME as the affiant of the Affidavit of Debt? What Motion to Strike can I use and when do I hand it to the judge during trial, when the Telephonic Witness has been granted pre-trial? I have prepared the Motion to Strike Affidavit of Debt, but not sure if this witness should be (or how to be) included therewith.Summary: 1. Court granted plaintiff's Motion for Telephonic Witness. Trial in 9 days. 2. Complaint/Summons only included Affidavit of Debt and Bill of Sale. I have prepared Motion to Strike this for submission during trial. Questions: 1. Is the plaintiff witness the same as the affiant of the Affidavit of debt? If so, am I allowed to include it in my Motion to Strike its testimony, in addition to the Affidavit of Debt, as hearsay during trial? If not, what kind of Motion to Strike can I use? 2. When is the proper time to present any Motion to the judge during trial?
I handle cases in Arizona against Portfolio Recovery all the time. This is their standard motion to allow their witness to appear telephonically. I can tell you that I object ever single time they file this motion and if your case is in the Arizona justice court system that the courts allow them to appear telephonically every single time. My recommendation is to go to the trial and be prepared to object to the admission of evidence that wasn't created by Portfolio Recovery (i.e. billing statements, bill of sale, affidavits, etc.). It is helpful to have an attorney at these types of trials because the objections you have are based upon the Rules of Evidence.
I'm afraid your narrative is a little unclear. Has the motion for telephonic appearance already been granted? Did you respond to the motion? If there is only a motion at this point, oppose it stating your reasons why you would be prejudiced. Whatever you do, do it now. Don't wait until the witness' appearance. You need to speak with a lawyer.
If the motion has already been granted, it is too late to move to strike it, either before trial or during trial. If you want to move to strike an affidavit, you need to have a legal basis. It sounds like your case is about money you owe to some creditor. If you owe the money, you are better off attempting to settle with the creditor or enter into a payment plan, rather than filing motions that are almost certain to fail.
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