Jump to content

proper procedure for attaching evidence to a motion?


Recommended Posts

ok, call me dumb, but i've been reading through scores of great posts and threads on this site, but i cannot seem to figure out how to get evidence admitted into small claims court.

for instance, if you (a defendant) file a motion stating that some piece of the plaintiff's evidence should be stricken--like a statement of account--do you attach your evidence that the amount is invalid? what do you do, add your own statement (like a bill or something) and call it exhibit b?

i'm kinda confused on this one.

thanks.

s.g.xdancex

Link to comment
Share on other sites

I'd like to know the same....when to strike thiers attached and when to reveal your evidence ?

I read suggest reading your states small claims procedures and evidence rules. Research rule of procedure and how to strike evidence. Also how 'copy and original' effects your case so that your own evidence is factual beyond a reasonable doubt. Make sure you have personal knowledge of such facts.

I assume some want to hold cards close so you don't show them until such time to trip the unsuspecting liar (in court). Does discovery void this tactic?

Can they amend a motion or evidence as just an error (in the coarse of doing business) once you reveal your evidence.

Do we let them off the hook of 'hearsay' and false documents in our answer when the hearing or trial can prove otherwise and force a judgment in our favor or even a bona fide counter claim against them?

I denied the claims - make them prove them - then prepared evidence / documents to support my defense and for discovery. I plan on filing a motion to dismiss, but also challenge the complaints evidence (before ?).

Maybe someone else here can help and clear this up. I have a flowchart copied from the courts own web page, but once again in only refers to a plaintiffs’ direction - no steps applicable for defending the action. In our state the small claims court rules on line explain the motions in details but not necessarily the flow chart in progressions.

I assume it depends on what the plaintiff does file next, then your required or affirmative action in defense. I am preparing for everything - directly after my answer I began preparing my discovery, compels’, interrogatories’, and case laws specific to my own defenses’, other similar case studies and motions, like motion to dismiss....etc.

Hope this helps....

Edited by FL4answer58
add
Link to comment
Share on other sites

I'd like to know the same....when to strike thiers attached and when to reveal your evidence ?

I read suggest reading your states small claims procedures and evidence rules. Research rule of procedure and how to strike evidence. Also how 'copy and original' effects your case so that your own evidence is factual beyond a reasonable doubt. Make sure you have personal knowledge of such facts.

I assume some want to hold cards close so you don't show them until such time to trip the unsuspecting liar (in court). Does discovery void this tactic?

Can they amend a motion or evidence as just an error (in the coarse of doing business) once you reveal your evidence.

Do we let them off the hook of 'hearsay' and false documents in our answer when the hearing or trial can prove otherwise and force a judgment in our favor or even a bona fide counter claim against them?

I denied the claims - make them prove them - then prepared evidence / documents to support my defense and for discovery. I plan on filing a motion to dismiss, but also challenge the complaints evidence (before ?).

Maybe someone else here can help and clear this up. I have a flowchart copied from the courts own web page, but once again in only refers to a plaintiffs’ direction - no steps applicable for defending the action. In our state the small claims court rules on line explain the motions in details but not necessarily the flow chart in progressions.

I assume it depends on what the plaintiff does file next, then your required or affirmative action in defense. I am preparing for everything - directly after my answer I began preparing my discovery, compels’, interrogatories’, and case laws specific to my own defenses’, other similar case studies and motions, like motion to dismiss....etc.

Hope this helps....

PM me your email address I have great NACA discovery for a JDB case in Florida!

Link to comment
Share on other sites

  • 4 weeks later...
Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...