Tibbs v. Tibbs

Gregory, Justice.

On September 18, 1985 Ferrell Elliot Tibbs filed a complaint for divorce against Don F. Tibbs. At trial the wife’s counsel offered into evidence the affidavit executed by the wife pursuant to Rule 24.2 of the Uniform Superior Court Rules. It was objected to by counsel for the husband on the basis that it was inadmissible as a “continuing witness.” The husband did not offer a similar affidavit on his own behalf. The trial judge clearly stated that he felt the affidavit constituted continuing testimony and would be inadmissible if it were not for Rule 24.2. We hold that the…