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Liberty

INTRODUCTION TO OBTAINING THEN PREPARING QUALIFIED DOCUMENTATION FOR YOUR CASE; STATEMENTS PART 1

Each and every course in this text has values and procedures.  These many values and procedures were honed for the purpose of obtaining signed statements of facts from witnesses who have knowledge of acts or crimes which are not self-incriminating.  From the tinniest Wisk of evidence to the end limit of infinity’s continuum, you must document your experience and your own “Narrative Statement”. 

     Your Narrative statement has been decried as the very fabric that an investigation is woven in, the backbone of an investigation, or the Agent’s best friend.  The name used to describe the narrative statement has the highest value in a lawsuit.  It is almost as strong as a direct witness report while understanding any possible persuasive evidence pro or con to the legal position.  It will be your best tool.    Remember, “To be ignorant of what happened before you were born is to be ever a child.  For what is man’s lifetime unless the memory of past events is woven with those of earlier times (Cicero “De orate”)”.  Unfortunately, memory can dim with the passage of time and this is particularly true with observations of a witness, regardless of their status in the case.  For example a witness try to recall facts with nearly photographic clarity within 12 hours following their notation of those facts, becomes less clear after one weeks time, increasingly so from a Month to disappear completely after a year? In some case facts may disappear within weeks. 

     Thus a secured narrative statement during the period of clearest recollection, all vital, factual of the witness may then fade only at a later time the memory of the witness again becomes clear by reading the account recorded in the narrative statement.  The statement clears and commits the witness to a particular version or certain set of facts pro-habituating the controlling of those facts later due to financial reward or hostility.  The signed statement prevents any altered of facts or a different version from Your Narrative Statement continuum.    A witness who has given a signed statement may, when giving testimony at a trial, change their version from that given, if not for their recollection due to the original signed statement within your narrative report. 

     When a witness changes their testimony at a trial from that in the Narrative Report, then their statements become an instrument of vital importance to the trial testimony brought under focus.  A signed narrative statement may contain declarations, which can be used as substantive evidence at a trial.  The Value the narrative statements has to the client or their attorney in delivering to them the testimony of a witness in a clear, concise form unaltered which, after review, a decision to testimony’s value can be made and stand the test of Judicial review.

  VERBAL STATEMENT

   Verbal statements can be readily denied and are a weakness in this regard.  Your notes are the courts best account.  An affidavit is one clear way of perpetuating a Verbal statement.  An example would be the office swears to the truthfulness of the statement in front of an officer of the court.  Verbal statements are those use by others witnesses that may have been present when the statement was taken.      

  AFFIDAVIT

     By virtue of the right to authorize by statute an oath, the Judge can record by investigator an affidavit.  This “legal” form can be your narrative written statement then sworn to before the officer thereafter. 

     When perform as a Person Investigator, your daily log on a small case becomes an affidavit narrative statement if you became a notary and document!  All the forms, and even types of forms generated a case are your allies in courtroom review.   Of course the Affidavit can be taken by any investigator, but as a legal form, be written under oath.  The affidavit will include the venue, i.e. the state and county in which the affidavit is made, and must state facts within the persona l knowledge of the witness or, if it contains statements not within the personal knowledge of the witness, the source of such facts must be state.  If the person has become illiterate obtain his signature such as their cross or other symbol.  At the end of the affidavit is the statement, “Swore before me this_________day of_________, 19_”, under which the person before whom the affidavit is made, or officer, signs his name and writes his title.  The affidavit is voluntary and made without notice to any litigious or adverse party in litigation and is an excellent too for the investigator.  This type of statement continues like as your narrative.

     The course reporter’s statement is a verbal statement before a person qualified as a court reporter.  The reporter records the entire statement, questions and answers, in exact detail and thereafter certifies as to its accuracy.   The reporter reduces the verbal statement of the witness to typed copy which does not requ4ie the signature of the witness, should they become hostile.  Of course all other witness signs the CR Statement.   A psychosocial factor occurs when a witness can give CR statement without have first been in court.  It helps the witness over the stigma of being involved in our Legal System.

  DEPOSITION

      The deposition is a form of statement with which the agent should be familiar.  Lets say you are a the “Expert Witness to review all plaintiff depositions, consistent, with the treating records, the Medical Specialist Reports, the Insurance Company Specialists and consistent with the consistent with your; 3 plan Protocol to secure Unbiased data.  As Forensic Examiner you will produce your first virgin investigation in to the case reviewing all 300 of the medical cases prior to this large class action suite (see Glossary for definition of terms).  Then, two review your audit with any special reports.  Reconnoiter the correct evince now consistent with the deposition.  On one case, I had to perform between the initial agreed 90 cases to upwards of 130 cases of a 300 class action bad faith case.   

    The deposition is strictly a legal tool, used by attorneys, and is made in answer to specific question propounded under a court order or other legal notice.  It amounts to a court reporter statement conducted in the presence of the opposing counsel, with both having the right to participate. The deposer can be greatly aided by written narrative statements and/or other statements gathered by their investigator and once the witnesses are committed in a deposition, the deposition itself can be produced during trial to either introduce testimony or attack a witness who has perjured.  The deposition perpetuates the testimony of a descendent.  Your job as Operant, Agent, Investigator, Coroner, is to check everything that occurred prior to the deposition with the deposition. 

  THE VOLUNTARY HAND-WRITTEN OR COMPUTER GENERATED STATEMENT

       The voluntary hand-written statement can be of great acknowledgement made by a party of the existence of facts.    The voluntary hand-written statement can have serious implications in any can and must never be destroyed or overlooked. 

  STATEMENT ACQUISITION

       The three point protocol of statement acquisition marking an appointment with the respondent, approaching the respondent and acquiring the statement.  Reconnoiter the consistency of all steps.

 

 APPOINTMENT

      Whenever an appointment for an assignment can be made make, make it .   The “crystal clear recollection” will be challenged by many outside factors from the moment wrongdoing occurs.  It could be initial, subsequently, later that day, that night, next morning, day, week, month, a year, or even sketchy?

     Scheduled the witnesses in order of their known importance and considering whether they6 are friendly or adverse.  A friendly eager witness may be too much so and lf less value to the case because of his relationship to a party at interest; however, he may be friendly only because of the nature of his testimony.  Considering the time and location of an interview and statement is of the highest necessity to insure maximum cooperation of the witness.    The recorded statement here helps in securing an immediate statement rather than has an appointment putt of by a witness.

     Immediately interview parties at interest by phone to understand their version of facts but the appointment for the statement.  You will find depending on the type of bizarre crime, witness who may inconvenience themselves, to those who may not, to anything?  Politeness and promptness on the appointment will pave the way to an easy statement.  The securing of the appointment is the door opener.

  STIPULATIONS

   The conditions under which the statement is to be taken can hinder or assist the Agent.  Plan the surroundings as best possible and try for seclusion and lack of interruption or others present.  Contradictions would be having a Parenting Signed with minors signature, women and one appropriate witness.  Upon approaching the witness, an investigator attempts immediate evaluation, through the use of introductory conversation to determine the mental aptness, understanding and power or ability of expression of the witness.  The course, practicality, and plan of the interview must then be adjusted accordingly.

     The approach to the witness must be one of assuming control but not demanding, assisting in expression and description but no leading, all business but friendly and courteous, and avoiding discussion or disclosure of information, similar cases or circumstances and personal affairs.  Keep the witness on the subject. “The Chief glory of every people arises from its authors”.  Samuel Johnson

By Scott Neff, DC DABCO CFE DACFE FFABS FFAAJTS

"Why does this magnificent applied science which saves work and makes life easier, bring us little happiness? The simple answer runs, because we have not yet learned to make sensible use of it." Albert Einstein 1931

© & TM 1998 American Academy for Justice Through Science. All rights reserved.

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