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Using plaintiffs exhibits ??

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I am in a HUGE time crunch so any help would be greatly appreciated. I have to serve and file my answer etc today..

If I use THEIR Exhibits to prove my Time Barr Affirmative Defense, then I cannot move to object/ strike or whatever to get rid of those Exhibits.. Is that true??? I am going to look in the AZ rules of evidence too but if anyone knows... help

And if that is true how do I get around proving the SoL w/o admitting the debt if I have to submit my own docs to prove it??

and just so you know in AZ although WE all say credit cards are "open" AZ statues refer to them as "open-end or revolving" and that does not necessarily mean Open like the TILA means.. lol did that make sense..

I am sure the plaintiff is going to come back with either, it is written agreement OR she made a payment to us in 2004..

AZ doesnt restart SoL though and there is case law on that..

Sooooo that is the background.. I am going to look at RoE but could sure use help! Thanks

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Is this what I am looking for??


Article I. General Provisions

Rule 105. Limited Admissibility

Rule 105. Limited Admissibility

When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.

ANNOTATIONS (Notes of Decisions Index )

Current with amendments received through 1/1/07

©2007 Thomson/West

AZ ST REV Rule 105


© 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.

Does this mean that I can use their evidence to prove my SoL but if the Judge says my SoL defense is Null, can I then move to strike the reference evidence as heresay or whatever??

The evidence by the way is ::

Exhibit A is a Cardholder Agreement with a copyright of 1998 (I can't even tell if it is all there)

Exhibit B is a computer generated Last Statement Details which shows the Post Date of Charge Off and amt charged off. with some other details NO LOGO etc.


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