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Going to trial in October against Citibank in Colorado


InTheDark
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When this case was originally filed with the Arap. Cty court (simplified civil procedure), an affidavit from Citibank was attached which references an Exhibit A. Exhibit A was not attached or filed with the court. I never received the affidavit until I asked that the court mail it to me. I now have evidence that this affidavit was robo-signed and the notary signature is forged.

Citi now wants to call Dorothy Ruitz via telephone at trial to testify.

My question, does this original affidavit now have any bearing if D. Ruitz testifies? Any thoughts?

In the meantime, I have evidence that the Affidavit originally filed was robo-signed and notary signature forged.

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If that person is allowed to testify, they don't need the affidavit, so it is a moot point. That doesn't mean you won't object to it in court.

Question. Did they send you disclosure in the mail with all the evidence they plan yo use against you? Was the person they motioned to telephone testimony.....were they named as a witness in that disclosure?

You have 5 days yo oppose that motion for testimony, if that has passed, you can still object to the person if they were not named in their disclosure, and special permission was not granted by the court to supplement their disclosure.

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If that person is allowed to testify, they don't need the affidavit, so it is a moot point. That doesn't mean you won't object to it in court.

Question. Did they send you disclosure in the mail with all the evidence they plan yo use against you? Was the person they motioned to telephone testimony.....were they named as a witness in that disclosure?

You have 5 days yo oppose that motion for testimony, if that has passed, you can still object to the person if they were not named in their disclosure, and special permission was not granted by the court to supplement their disclosure.

 
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Yes, they did mention this name along with a few others, just in case she wasn't available. It also stated that all Citi witnesses should be contacted through the attys office.

It also states that the telephone testimony will not prejudice the defendant as all documents at issue have been disclosed to the defendant.

How many witnesses can they use, and how many would actually have personal knowledge of the alleged account?

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They are only allowed to use the named witness if you object to any others they try to bring. They have to give you the name and address of the person that is going to testify against you as well as what makes them qualified to make such testimony and what they will be testifying about.

The key is you have to be prepared with objections to make them follow that rule. Study rule 26a colorado rules civil procedure, and make them follow it in court.

You also need to bone up on how to discredit the witness. It is the original creditor, so they will have the records but you can still use 803 exception to heresay rule and show the affiant doesn't have any personal knowledge about your account.

She needs to tell you how she knows the records are accurate, who enters the information into the database, what procedures are in place to guarantee the accuracy, how they keep and maintain their records etc.

Search out heresay in colorado, original creditor etc. to find examples. There are some here, google scholar.

Not going to lie, if you have done nothing to learn the rules of the court, and you don't understand the exception to the heresay rule, you will not do well in court. You are going to have to put some time into it.

If 5 days have not passed since they filed their telephone testimony, I would file an opposition to it. That is the key making them produce a live witness so you can be sure they are not being led in their answers.

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Sorry to burst your bubble here!!! The atty will care less about your objection. I could go into my 3 1/2 hour trial last Wed and my amazing motion to deny the telephonic witness , but I wn't WY because I lost at trial 2.

My advice here is to find a lawyer who will give you a free or 150 dollar an hour consult. I only say this because if they allow in a tw you WILL lose. And I know the appeal fees in CO. Ask Shellieh

They will bring the witness in your case. You cna't ID her , or know who she/he are. They did the same thing to me in discovery, listed 4 names at the atty office within 150 miles, but got the judge to allow the TW from MN. Good Luck

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