pcmech

List of Objections

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I was wondering if anyone had compiled a list of commonly used objections in JDB cases, such as when they introduce the affidavit, you object because it's conclusory and hearsay.

My court date is tomorrow and I want to be prepared. I know I'll draw a blank if I don't have something written down.

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They try to introduce any statement- Hearsay

They try to introduce the original creditors records as their own business records- Hearsay and no foundation. Also does not meet the business records exception to hearsay as the JDB is not the originating party and can not testify to the authenticity of the records or in what manner that records were kept or maintained.

They are attempting to introduce another parties business records as their own business records and there is no foundation that has been laid that the records attempting to be introduced are in fact authentic and accurate as the Plaintiff has no personal first hand knowledge as to those business records. In other words they only have information and belief which is not based on first hand knowledge.

This is about word for word the judge told the junk debt buyer in my case when I objected and they raised "business records"

You can't take take somebody else business records which you had no part in creating and simply place them in your file, close the file, put the file in your own file cabinet, then pull the file back out and all the sudden those are now your very own business records. :hah:

You'll probably want some objection as assumes facts not in evidence. It's pretty common that they will just start off with the position you had an account and use phrases like "your account" without providing any "foundation" so objection as to foundation.

You'll want to object to any witness from the JDB that claims they are keeper of the records for any records other than their very own. See above basically.

If you're on the stand you'll probably want to object a lot as asking for conclusions and legal conclusions (for example the agreement calls for atty fees if we win, correct?). Objection as calls for a legal conclusion).

Will probably need some objections for irrelevant but won't matter a lot assuming it's a bench trial.

But 95% are going to be hearsay objections and attacking their records as not meeting the business records to hearsay. Just make sure you have all the arguments for the business records exception. They are going to concede those records are hearsay by definition and try to sneak them in under an exception, so that is what you need to really be comfortable with, not just they are hearsay. There will be no dispute the records are hearsay.

And while it's not really objections but be prepared for them to try and get you to disprove their case, like their case has already been made and it is now your burden to disprove their case.

And again, while not an objection, know when to shut up or say nothing. If they don't prove something, don't debate it. If they make a statement based on a conclusion with no other evidence, don't feel like you have to spend 10 minutes proving them wrong.

Finally, if you are unfortunate to get a bad ruling from the judge, keep hammering that objection on the record to preserve it for appeal. Don't be intimidated. You can do it very respectfully and even can tell the judge no disrespect but you are taking no chances on not preserving your appeal.

In fact I did that once and it made the judge change his mind three days later. With no notice he reversed himself and admitted I was right. No judge wants to be overturned on appeal by a pro-se.

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