M&M Posted October 11, 2008 Report Share Posted October 11, 2008 Could anyone tell me when I can put in a Motion to Suppress Evidence? I have an arbitration hearing shortly and I am unsure Would I motion the Arbitration board or the court? Can I wait until the day of the trial to Motion this? After looking over the statements that were sent to me by the plaintiffs, I discovered the wording "This document is a copy of your statement for your records only. This copy is not a duplicate and may not include messages which appear important news block on you original periodic statement." In researching PA Rules I found Rules No. 1001, 1002, 1003, 1004. These are The Best Evidence Rules and states DUPLICATE A "duplicate" is a copy produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent techniques which accurately reproduce the original. It must be an exact copy, which these are not. Also with these statements the attorney wrote For your reference , we enclose the following documents we intend to introduce at this hearing. Terms and Conditions, which is nothing more than a adhesion contract and these copies of statements. This may come in handy for anyone else who lives in a state that has The Best Evidence Rules. Link to comment Share on other sites More sharing options...
montanatim Posted October 12, 2008 Report Share Posted October 12, 2008 Who is conducting the arbitration?If it is the NAF, you have no rules of evidence to protect you, they could introduce a cocktail napkin with an amount written on it in felt tip marker, and claim this is a valid statement, with your forged signature on it no less, and it would be just fine. If this is the NAF I would file for a stay/injunction in your local court to block the arbitration. Make them prove to the court that there is an arbitration agreement in place and that they have standing to force arbitration.(chain of title) Link to comment Share on other sites More sharing options...
M&M Posted October 12, 2008 Author Report Share Posted October 12, 2008 I called the Chairman of the arbitration board and his secratary stated to me it was a court ordered arbitration. This actually makes me feel better since we live way out in the country and I know, not personally never having dealt with them, but knowing their reps.the lawyers involved. I would have filed a motion if it would have been NAF. Hopefully they aren't trying to pull something over on me.Thank you for your answer...... Link to comment Share on other sites More sharing options...
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