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alexc

Junior Member
California

Hello, where can I find a good site on case law research?

I am putting together an motion to strike with affirmative defense on DA's complaint for violation of RO.

Thanks.What is the name of your state (only U.S. law)?
 


Mass_Shyster

Senior Member
Lexis and Westlaw are the standards. Your local law library is very good.

I've found Google Scholar to be the best free one.
 
I agree with google and google scholar as being the first place to go

Westlaw etc are real good once you know what you are looking for... but even when they are good, they show up on the google search.

What is your affirmative defense to the RO?
 

alexc

Junior Member
I agree with google and google scholar as being the first place to go

Westlaw etc are real good once you know what you are looking for... but even when they are good, they show up on the google search.

What is your affirmative defense to the RO?
I wan to file "Request for production of evidence" before answer.

Comes now _______alleged defendant who hereby requests counsel for the alleged plaintiff to provide discovery. Alleged defendant requests the following:
1. The names of every witness the prosecution relies on to prove:

A. Alleged defendant's presence within the State of California;

B. Alleged defendant's presence within the City of Citrus Heights;

C. Alleged defendant’s presence in Citrus Plaza Market at the alleged time;


2. Any factual evidence that supports defendant presence on 11/24/2009 on the store parking lot.

3. Any and all evidence, of a damage known to the Plaintiff or any victims, proving alleged defendant.

4. Any evidence of an intent of violating protective order.

6. A valid cause of action (corpus delecti) has been presented to the court.
7. The names of any other witnesses the prosecution relies on to support any element of the alleged crime or cause of action against alleged defendant and which elements the witness is specifically relied on to testify to.





Affirmative Defense


1. I’m in possession of no reliable evidence or knowledge sufficient of the former belief that defendant was there at the alleged time and date is in element of the evidence of violation of any restraining orders. I demand specific evidence to the contrary.


Submitted this ______ day of _______ 2010

My ex-w is trying to get a revenge on me, only thing is she be able to do is to sik cops on me, so Im thinking if there is no evidence or any witness, DA will drop the case.
 
Well thats not an affirmative defense. Thats a discovery request - which you are entitled to, most of it at 30 days before trial, if you go to trial. You might take a look the evidence code. Its reasonable and typical for some informal discovery, if you are making the grave error of defending yourself.

The other issue you raised is a trial issue. The whole purpose of a trial is to determine whether something happened or didnt. "Prove it" is not an affirmative defense.

I would suggest getting competent legal adivice. That stuff isnt going to work.
 

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