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  1. #1
    ProCee Guest

    Question how do I?- enter evidence into a case?

    What is the name of your state? nm
    I am perplexed.

    I just lost a summary judgment. I think it is because the Judge wouldn’t (couldn’t) consider any evidence I submitted with my motion for summary judgment. He said he couldn’t consider any evidence at this time.

    I have previously submitted evidence and here I resubmitted it.

    What am I missing?

    How do I get the Court to recognize the evidence I submit?
  2. #2
    HardDaysNight Guest
    ProCee,

    Could you give us more details about the Summary Judgement hearing that you lost ?(Sorry to hear that)
    You know of course, that you can appeal if you are not the "moving" party.
    My attorney consul has told me not to even fool with Summary Judgements (the other party has filed one, but not me). He says Judges hate to grant them because they get appealed so often and it looks bad on their record.
    So really it just may mean that to be fair to everyone, you will have to go though the whole civil process to prove your case. Good luck!
    Last edited by HardDaysNight; 03-26-2003 at 07:48 PM.
  3. #3
    HardDaysNight Guest
    **************..Just a little bit more that I know about Summary Judgements. A Summary Judgement hearing is not a trial where you can expect to show and enter evidence like a real trial. It is just a hearing whereby the case can be decided if the key elements in the case are undisputed -which is very rare at the beginning of litigation. If there are obvious contradictions on both sides of the story, Summary Judgement should not be granted, and the case should move on to Formal Discovery, Arbitration, Trial, etc.
    Hope this helps, would still like to know more about your hearing.
  4. #4
    ProCee Guest

    yeah, kind of - -

    Appreciate it. I got all juiced up over nothing- I wrote the SJ and thought it was 'damened good'
    I need to find a 'bare bones' "how to enter evidence" guide.

    I have 100% evidence and good law case cites about my position- it is a minor 'point' that I need. I resigned one time from a trust and then recanted- I have letters from the oppostion treating me as trustee, a city, their attorneys and all-

    I'll just need to approch this differently

    Thanks
  5. #5
    pocahontas123 is offline Junior Member
    Join Date
    Sep 2009
    Posts
    1

    entering evidence

    okay the best advise i can give you is to go to the rules of civil procedure they are fedral laws that provide you with the guidelines to procede with your case look up rules of evidence and you will find the procedures in which to enter evidence,,,you must authentic the evidence first......ways of doing that would be if a letter is addressed to you you can say that you recognized the letter then show the opposing attorney then show the clerk then ask to enter an exhibit then once marked as an exhibit ask to enter and mark as
    full evidence. The other way to authentic is to issue a witness subpoena to person who wrote letter then question person on document authenticity. some documents are okay to submitted if notaried or come by state seals just ook up and it will explain everything to you good luck with your case also keep in mind its always best to file a motion for summary judgement half way through trial after all your evidence is submitted it gives you leverage so judge can see whats going on and wheterher or not their is contridiction and opposition and where it is you can also type in motion for summary judgement in google search and it will explain in great detail to you......there are motions for second summary judgements but if you do it make sure all the evidence is before the court**************good luck
  6. #6
    michandil is offline Member
    Join Date
    Sep 2009
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    50
    In general, evidentiary support for a motion for sj must be documentary. So, you can not take witness testimony at the hearing; you must attach your evidence in the form of documents. However, if you are supporting (or opposing) such a motion with evidence from a witness, you must attach it to your motion in the form of an affidavit (as described in post above). Also, there are different bases for a summary judgment (procedural, factual and legal), so you need to present evidence that the basis set forth in the rule has been supported by the evidence that you attach.
  7. #7
    tranquility is offline Senior Member
    Join Date
    Mar 2006
    Posts
    18,606
    How can we enter evidence this thread is long dead?
  8. #8
    michandil is offline Member
    Join Date
    Sep 2009
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    50
    Oh my gosh! I am so sorry. I just joined the site and didn't even think to see if a post on the first page was old. Excuse me. I'll note the post dates from now on.
  9. #9
    dewyd is offline Member
    Join Date
    Oct 2010
    Posts
    59

    posting useful & helpful material

    michandil; Oh my gosh! I am so sorry. I just joined the site and didn't even think to see if a post on the first page was old. Excuse me. I'll note the post dates from now on.

    R. You shouldn't have to apologize for giving good info, whether the OP is long gone or whatever. People do google searches for info and sometimes wind up here for answers. If you have a updated answer that may help others understand better...go for it. The OP is not the only human being looking for answers, whether 2 weeks old or 10 years old...if the info given is good...it's worthy of publication. Pocahontas123 & michandil...your posts were helpful to me...thanks.

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