Notorized hush clause between two people binding in court?
Is it binding to draw up paperwork stating the conversation upcoming is confidential, and cant be used against you in court? Providing there is a third party non-biased as witness. ie: The notary? THanks
Answers:
It is binding and you don't need a 3rd party witness and it does not have to be notorized. It is a contract and it is enforceable if it's in writing. There is an exception--you cannot keep money judgments against a government confidential. These involve taxpayer dollars and can be discovered under either the Freedom of Information Act or the equivalent state law.
No. The only conversations considered confidential by the courts are between patient and doctor in some cases, between client and attorney in some cases and the confessional of the RC church.
Unless that notarized agreement is a marriage license ... no.
"Hush" agreements are really just contracts - I won't say anything about X if you pay me Y. State law trumps civil law every time.
yes it is legally binding.
It would need to be provided to the judge before the proceedings begin.
Only problem is,,, you would have to state the content of that conversation in the agreement..or have it recorded as part of the agreement...or else the other party could claim that their testimony wasn't part of the conversation covered in the original agreement.
Either way...if you say something to someone...it's still hearsay if you deny ever saying it...so an agreement may not even be necessary unless specific "verifiable" information is about to be disclosed.like "where you hid the money"
They could still break the agreement , which wouldn't be punishable by any of the current laws.you would have to file another civil suit to seek damages.
Also, a judge could rule the agreement non-binding if he determines the information disclosed though in confidence has legal bearing on the case or the information implicates another person in a crime. For instance..you and I can't have an agreement that I will not testify that you told me "where you hid the money".
Advice...talk to a lawyer before talking to this person about whatever it is. You didn't give many details on the circumstance so there are alot conditional answers to your question.
NO!~!
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