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How do you object in court?


scj09
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JDB's witness will be testifying via telephone. Can I object to them testifying?

In other words...

As soon as the lawyer calls them as a witness do I just say "I object your honor"? Then tell the judge that the witness has no personal knowledge etc.

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You really need to read up on the Colorado court practices, and FAST! If they warned you ahead of time, you may have waived your right to object. I don't know. You can always try objecting during the trial. If it doesn't work the first time, you will know not to try it again.

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This is Wisconsin. Trueq has done this as well. I found a Wisconsin law saying that the phone is permissible, if all parties agree. So, I objected. I made the plaintiff's lawyer drive in from Milwaukee, about 1.5 hours away. I also made the plaintiff's law firm switch lawyers, since I objected to their previous atty. Trueq faxed me the rules about summary judgment in Wisconsin, it is apparently a violation of the ethics code to be both an affiant and an advocate, so I objected to the atty as well. The plaintiff didn't have all the evidence, so they will have to drive in again. In January. In Wisconsin. Depending on the weather, that could take from 1.5 hours to 5 hours.

Trueq forced a lawyer to drive 4 hours each way, rather than appear by phone.

Oh, and the court did something really nice to me. I have 2 cases with the same judge, so they arranged hearing back to back. Meanwhile, I will force two different lawyers to drive in from Milwaukee. In January. In Wisconsin. 8-)8-)

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You never know. It could be perfectly clear, with perfect driving conditions. OTOH, we had about 18 inches of snow yesterday, and the schools were closed. One of my kids stayed home from school today after waiting over half an hour for a bus in -7 F weather. I had her soak her feet in the bathtub, and the bus came by during that time. No way was I going to drive her.

Winter in Wisconsin is NOT for wimps. The weather in Milwaukee is milder than the rest of the state. I think Milwaukee had about 8 inches yesterday. Sometimes folks from Milwaukee misjudge the weather conditions in the rest of the state.

In one case, if they don't show up it may be another continuance, although I will try for a dismissal. I may or may not be able to avoid SJ, at least I could delay. If I avoid SJ, I will have at least a few more months before trial.

In the other case, I will move for dismissal right before the hearing, and if they don't show up, that could be very dangerous for them. :twisted:

These are mortgage forclosure cases, so the stakes are VERY high.

Edited by BrokeBob
corrected ambiguity, I hope
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From reading your previous posts, I think you mean foreclosure cases for your rental properties right? Whatever your cases are, I wish you the best of luck. I never realized how harsh the winters are in your home state. That is amazing! And here I am complaining about the 28 degree weather last night;) I guess everything is relative.

Hope all of you have a wonderful day:)

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As soon as the lawyer calls them as a witness do I just say "I object your honor"? Then tell the judge that the witness has no personal knowledge etc.

I would ask about their work history, if they have ever been employed by the OC, what are the accounting practices of the OC and their experience with them. The idea is to demostrate to the court the they are not quailified to testify to the accuracy of the account.
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I would ask about their work history, if they have ever been employed by the OC, what are the accounting practices of the OC and their experience with them. The idea is to demostrate to the court the they are not quailified to testify to the accuracy of the account.

Yep, that's exactly what you should ask.

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  • 3 weeks later...

when you realize an Objection is needed. You don't want the judge or jury to be tainted by anything not admissible.

One important point for pro se - you can not appeal unless you have made your record. If you don't object to something you cant appeal on that point. Depending on the objection, I would object immediately when needed, if the judge denies it, I would say "for the record I object because . . . " and then at the end I would summarized any objections the judge overruled. Now you have made your record. In an appeal, the appeal court must see that if the judge made an error, you gave the judge plenty of opportunities to correct the error.

It is intimidating, but you MUST do it!

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But you must not let the other side introduce evidence (or say things) they have no right to introduce or say. Attorney's do it all the time, I almost think they make a game of it for a pro se - let's see what I can get in front of the judge! Good Luck!

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wow. i didn't know they would try to be that slick, lol. i just thought the lawyer would try to make me look stupid and guilty. i will be on the lookout for that, and object to hearsay, improper evidence, etc. i appreciate your input.

this process is still kinda scary, but it makes a person feel more empowered when she knows what might be coming.

thanks again.

s.g.xdancex

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My advice and I am sure any legal professional will tell you almost the same thing ...

1. Stays on point ... don’t drift ... lawyers will run with it if you give them an opening!

2. No such thing as a definite … and don’t say maybe, could have, estimate or approximate … either you know the answer or you don’t know.

3. Answer yes or no ... answer only what they ask ... if you don't understand make them repeat the answer until you are certain what is being asked ...

4. You will get asked the same question several times all in different ways … be consistent with your answers!

5. They will try and rattle you and make cutting statements … smile and take it in stride … remember you’re Pro Se and you get to cross examine their witness.

6. Take notes if you can … easier to stay on point.

7. Don’t' clarify or try and explain answers or what you think they meant ... let them make the inference...

Edited by MG05
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