Frank Posted April 4, 2008 Report Share Posted April 4, 2008 Can I just file an affidavit just by itself with the clerk? Seperate question: Can I file an affidavit with court without judges approval?Case is in illinois and in small claims court.Last question if I were to file it without judges approval would he strike it? Seems like it would be highly unusual for a judge to do that? Reason I am asking this question is judge got all excited by multiple filings I made and said no more filings except to dismiss or motion to change judge. That day (after hearing) I filed a motion to dismiss on grounds they missed court imposed deadline by 4 days to file "documents" before trial. (any thoughts on this one?)Thanks in advance for any answers!!! Link to comment Share on other sites More sharing options...
trueq Posted April 4, 2008 Report Share Posted April 4, 2008 The judge sounded more like he wanted to stop "briefs and motions".Affidavit is your sworn written statement to the facts of the case.You can file it with court mainly anytime before trial. (Make sure you submit an original to the other side as well)Judge cannot strike unless something in it is obviously untrue or false, or not allowed under Rules of Eviidence (which, in a pro Se' situation, is highly unlikely).You can't swear to it raining in Cancun if you were in Nebraska at the time.As a pro se' with firsthand witness capability you are allowed to submit evidence and testimony. If you submit it and judge arbitrarily disallows it because of his "concern for the paperwork burden", THAT IS OBVIOUS GROUNDS FOR APPEAL.I've never come across that Rule in the Federal rules of Evidence.This is what you got: A judge to lazy to adjudicate on the merits. He likes his life of "rubber stamping" theses default judgments! YOU NEED TO INSIST ON ANY EVIDENCE YOU FEEL IS PERTINENT. A well constructed affidavit is essential in my opinion. Link to comment Share on other sites More sharing options...
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