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Question on redactions in 'evidence'


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On the so called Bill of Sale my plaintiff provided (repeatedly), the 'amount paid' is redacted/blacked out.

 

My assumption is that that's what they'll bring to court, as opposed to that Bill of Sale (that is really for the entire lot of sold items that doesn't refer to me or my alleged account) with the full amount paid unredacted.

 

When a JDB provides 'evidence' with redactions pre-trial, are those the same documents they bring to trial, or do they bring those same documents unredacted?

 

I would think that whatever they send me is what they plan on using in court.....

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On the so called Bill of Sale my plaintiff provided (repeatedly), the 'amount paid' is redacted/blacked out.

 

My assumption is that that's what they'll bring to court, as opposed to that Bill of Sale (that is really for the entire lot of sold items that doesn't refer to me or my alleged account) with the full amount paid unredacted.

 

When a JDB provides 'evidence' with redactions pre-trial, are those the same documents they bring to trial, or do they bring those same documents unredacted?

 

I would think that whatever they send me is what they plan on using in court.....

It depends on how well you fight the case as to what they bring to trial, or if they even go to trial for that matter. You can motion in limine to strike most of their evidence and possibly keep it from getting to  trial. Usually the evidence they first show you is what they try to bring to trial (they test the water with it and see if you know how to defeat it), sometimes they give you more than they intend to use, like a smoke screen to get you to focus on stuff that is irrelevant.

 

Bottom line: you send them a ccp 96 witness and evidence request 30 - 45 prior to trial and what they answer with is what they will use at trial (then you can file MIL's to strike it).

 

Learn the evidence rules and rules of authentication. Best evidence rule, hearsay & business records exception to it, and rule of completeness, you may be able to strike the bill of sale and other evidence.

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The redacted price of the accounts is OK, though. It is irrelevant in the eyes of the court as, regardless what they paid for it, the still acquired all the rights.

 

Now when the redact the accounts and don't include the document that the bill of sale is an exhibit to, that's another story. That is incomplete evidence and, as Anon pointed out, can be stricken if you file a MIL and properly attack it.

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Hey Learnin,

 

I agree with Flyerfan. The amount is irrelevant. What matters is the other information. Look at the dates of the Bill Of Sale. Was it made during the regular course of business between Seller and Buyer or was the BOS made for the purpose of litigation. Information like your name and alleged account not being on the BOS is another good argument.

 

You need to argue when these documents were generated in relation to the lawsuit. In my case, the BOS was signed by a Chase employee 2 1/2 years after the alleged pool of accounts were sold to EAF, therefore not sold or BOS not generated during the regular course of business.

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Thanks all.

 

I was looking at the redacted amount as one small aspect of how there's not foundation that any of the 'evidence' applies to me.   If the unredacted amount doesn't fit my alleged total, that's a plus for me, if it is redacted, that's a plus for me.  

 

My next step is  to bone up on exactly how to argue that/what to do about that.   Rules of evidence, etc.  Their evidence is crap, but it's up to me to be skillful at knocking it out....

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My next step is  to bone up on exactly how to argue that/what to do about that.   Rules of evidence, etc.  Their evidence is crap, but it's up to me to be skillful at knocking it out....

Rules of evidence and authentication.. Hearsay / business records exception to it, best evidence rule, rule of completeness. If you can learn and understand these rules, and how to "filter" their evidence thru them, you can defeat it with  motions in limine to strike the evidence, and keep it from getting to a trial.

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