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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
FACFE 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
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