cjtx2 Posted August 5, 2019 Report Share Posted August 5, 2019 I had a bad experience with a JP judge in Texas who ruled for a JDB plaintiff despite my objections. I objected to a last minute Business Records Affidavit as unfair surprise that would prejudice the result against me. The court denied my objection and admitted the evidence. I also objected on grounds that it was hearsay, but my objection was overruled. The JDB's attorney stated that rules of evidence do not apply to JP court. At first I thought this non lawyer judge did not require a business records affidavit so nobody filed it. After reviewing all the cases that have gone before this court in the last few months, over 90% filed a business records affidavit at least one month before trial even when there was no motion for discovery. That includes both OC's and JDBs. Other precincts in the same county, where the judge is a lawyer have both a business records affidavit and an affidavit of no military service filed in advance. Also, according to the petition, the case was for account stated, which has a much lower burden of proof than a breach of contract. However, at trial, the JDB attorney claimed breach of contract. Again, I objected because of unfair surprise. An account stated assumes that the balance is right because there was never a dispute. But I introduced a declaration stating that I had disputed the account with both the OC and the JDB and even provided the dispute letters and return receipts. The judge did not admit the evidence. It looked like he did not know about declarations. I think this was another abuse of discretion. As I am writing my motion for new trial, is it valid to pursue a different cause of action at trial after specifically pleading something else? I imagine there is some leeway for pro se's but this petition was drafted by a lawyer and it was specific. I mean, it did not request "any other relief to which plaintiff may be entitled" or something general like that. Is it possible the judge does not know why most plaintiffs file a business records affidavit in advance to avoid unfair surprise claims? Quote Link to comment Share on other sites More sharing options...
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.