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Case law on sufficient evidence


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I was wondering if anyone can share any laws that state what "sufficient" evidence is. I have a JDB who produced an affidavit (Midland) and what seems to be a photocopy of an account statement with my name on it.  I know this is not sufficient evidence when we go to trial.  Are there any case laws stating what sufficient evidence is in a trial with Midland Funding?

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I was wondering if anyone can share any laws that state what "sufficient" evidence is. I have a JDB who produced an affidavit (Midland) and what seems to be a photocopy of an account statement with my name on it.  I know this is not sufficient evidence when we go to trial.  Are there any case laws stating what sufficient evidence is in a trial with Midland Funding?

 

"Sufficient" is a subjective term.  The court determines what "sufficient" is for the purposes of rendering a verdict, what you "know" does not.  You need to look at the law of Illinois and what the standard of proof is in civil cases.  Typically the burden of proof in a civil case is the preponderance of the evidence so while one piece might not be enough the combination of several documents could be.  This is very different from a criminal trial where the burden of the Plaintiff is beyond a reasonable doubt.  

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Assuming  by "sufficient evidence" the OP means the ability for a plaintiff to prove their case and prevail, sufficiency is up to the judge to determine.

 

Assuming I am unwilling or unable to make a proper trial court record for appeal and follow through with any necessary appeal of any reversible errors, the judge is completely free to rule against me. The basis for their adverse ruling could be that they find the color of my hair/shoes/shirt/whatever to be annoying or perhaps they play golf with the plaintiff's attorney. In such a situation what role if any does "evidence" play? None whatsoever.

 

The reason a judge is more likely to follow stare decisis and treat the parties fairly is likely to be based on their perception of a credible risk that their decision may be reversed on an appeal. An appeal reversal is not a resume enhancer for a career minded judge. Quite the opposite IMHO.

 

I have seen clear and concise controlling case law under the judge's nose be ignored by the judge despite a solid appealable trial court record and a party likely to appeal errors and/ abuses YMMV. Other than predicting my own behavior I have not found any guarantees in litigation, arbitration, or negotiation.

 

300 pages of allegedly original documents with my wet ink signature are useless to the plaintiff to prove up their case, if I can keep them out as admissible evidence. The trial court may very well find this "sufficient evidence" but if I can show on and in the trial court record that it was an error to allow the documents in as admissible evidence and I am willing and able to properly appeal the error *I* would expect a reversal on my appeal.

 

I would want my objections to any and all inadmissible evidence, alleged to be admissible by the DC attorney for the opposing party, to be clearly shown in the trial court record. If I don't object on and for the record then my failure to preserve the objection typically would mean that my objection cannot be seen or reviewed by an appeal court. That also means the judge is completely free to erroneously rule against me with almost no fear of reversal based on allowing that evidence into the record as admissible.

 

Making my record may vary by jurisdiction and court rules. I would be looking at making my proper trial court record based on the requirements of the appeal court. Likely methods for preserving my trial court record may include doing so via court filings like my pleadings, in my motion practice filings with the court, a stenographic or audio/video/other record if permitted to be used for appeal and typically being made during a motion/other hearing and/or trial.

 

Hiring my own stenographer may be the most reliable method but it is not inexpensive. I would think it makes it clear to the judge that an appeal curt may be reviewing their work so they may wish to pay attention to the civil rules of procedure and controlling case law.

 

In my experience I either plan to appeal or plan to lose YMMV. That is my approach whether I am listed as plaintiff or defendant and whether it is a collection lawsuit or other litigation.

 

If dealing with a JDB lawsuit (I have not experienced) I would likely be objecting to any missing or inadmissible evidence that was required to prove up a complete chain of title for the JDB. I would also want to read everything I could find on properly defending a JDB lawsuit, especially comments by those familiar with prevailing in my jurisdiction.

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what they have is sufficient evidence if you do nothing.  If there is no objections to their evidence, the judge lets it in as fact and will rule accordling. 

Do you have antoher thread with your case info in it? If you want to win this it is going to require you to study your rules of civil procedure, go through discovery, and write motions.  We will help you, walk you through, guide you in the right direction, but you will need to take some time to spend defending yourself.

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You need to read and study your states rules of evidence (hearsay, business records exception to it, rules of authentication, best evidence rule, and possibly rule of completeness). If defended properly evidence will need to be authenticated and need a foundation laid out for it (research this), if you can pin them down to needing a live witness; they often dismiss.

 

Judges use the 3 "R's" method in making a determination on evidence:

 

1)   Is the evidence RELEVANT for the offered purpose? If not, the inquiry ends. If the answer is yes:

 

2)   Is the evidence RELIABLE for the offered purpose?  If not, even though relevant it should not be admitted. If yes:

 

3)   Is it RIGHT for the fact resolver to receive the evidence for the offered purpose? That is, even if the evidence is relevant and reliable, there may be good reasons to keep it out.

 

Keep in mind you first have to get the evidence (thru discovery), and before it is even weighed you can challenge their legal "standing" to sue you. Research standing as well.

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