What Bank Statements Do Attorneys Need from Witnesses?

When an attorney is preparing for trial, they will often need to obtain bank statements from witnesses. These statements can be used to prove a variety of facts, such as the witness's income, assets, and expenditures. Attorneys may also need bank statements to impeach the witness's credibility or to show that the witness has a financial motive to lie.

What Specific Information Do Attorneys Need from Bank Statements?

The specific information that an attorney needs from a bank statement will vary depending on the purpose of the statement. However, some common information that attorneys look for includes:

• Account balances: This information can show the witness's financial status and can be used to prove or disprove claims about the witness's income or assets.
• Deposits and withdrawals: This information can show the witness's financial transactions and can be used to prove or disprove claims about the witness's spending habits.
• Loan payments: This information can show the witness's financial obligations and can be used to prove or disprove claims about the witness's ability to repay debts.
• Credit card activity: This information can show the witness's credit history and can be used to prove or disprove claims about the witness's financial responsibility.

How to Obtain Bank Statements from Witnesses

Attorneys can obtain bank statements from witnesses by following these steps:

1. Send a written request to the witness. The request should state the specific bank statements that are needed and the purpose for which the statements will be used.
2. Include a subpoena if necessary. If the witness does not voluntarily provide the bank statements, the attorney may need to obtain a subpoena from the court. A subpoena is a court order that requires the witness to produce the requested documents.
3. Review the bank statements carefully. Once the attorney has obtained the bank statements, they should review them carefully to identify any relevant information. The attorney may also need to contact the bank to obtain additional information or to verify the accuracy of the statements.

Tips for Attorneys

Here are some tips for attorneys who are obtaining bank statements from witnesses:

• Be specific in your request. The more specific you are about the bank statements that you need, the more likely you are to get the information you need.
• Be persistent. If the witness does not voluntarily provide the bank statements, do not give up. Follow up with the witness and, if necessary, obtain a subpoena from the court.
• Be prepared to pay for the bank statements. Some banks charge a fee for providing bank statements. Be prepared to pay this fee if necessary.

Common Mistakes to Avoid

Here are some common mistakes that attorneys should avoid when obtaining bank statements from witnesses:

• Failing to send a written request. A written request is the best way to ensure that the witness understands the specific bank statements that are needed and the purpose for which the statements will be used.
• Failing to include a subpoena if necessary. If the witness does not voluntarily provide the bank statements, the attorney may need to obtain a subpoena from the court. Failure to obtain a subpoena could result in the witness being able to refuse to produce the statements.
• Failing to review the bank statements carefully. The bank statements may contain important information that could be used to prove or disprove claims about the witness. Failure to review the statements carefully could result in the attorney missing important information.

FAQs

Here are some frequently asked questions about obtaining bank statements from witnesses:

• Can I get bank statements from a witness without their consent? No, you cannot get bank statements from a witness without their consent. You will need to obtain a subpoena from the court if the witness does not voluntarily provide the statements.
• How much does it cost to obtain bank statements? The cost of obtaining bank statements varies depending on the bank. Some banks charge a fee for providing statements, while others do not.
• How long does it take to obtain bank statements? The time it takes to obtain bank statements varies depending on the bank. Some banks can provide statements within a few days, while others may take several weeks.

Conclusion

Bank statements can be a valuable source of information for attorneys who are preparing for trial. By following the tips and tricks outlined in this article, attorneys can increase their chances of obtaining the bank statements they need to prove their case.