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Small Claims Strategy

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DanXP

Junior Member
What is the name of your state? NJ

i'm suing in small claims court next week for an auto accident that was the other guy's fault... i have video of where the cars ended up, but i don't want to disclose that until the defendant says his side of the story... my strategy is as follows...

as the plaintiff, i say my side of the story to the judge/mediator first:

"i was driving along the right lane and he changed lanes into my lane... here are the photos of the car damage..."

then i'd like to hear his side of the story... after he explains his side, i want to contradict him by showing a photo of the cars from police video clearly disproving his statements...

is this allowed in court or do i have to disclose everything first?

also...

can i ask the defendant questions?

can i subpoena his driving record/accidents/claims?

can i subpoena his cell phone records? (i suspect he was on the phone)

are police reports admissible in nj?

thanks for any advice/insight...
 


BL

Senior Member
The Judge will explain how it works .

You better testify everything up front .

The Judge may allow you to ask questions , and yes a Police report is good .

Be brief , state the facts in an orderly fashion ( don't ramble ) . If you have evidence hold it up when you testify to it .

Be confident in your testimony and demeanor ..

The Judge may interrupt and start running the show him/herself with questions .

Do NOT interrupt the Judge or the Other Party . Answer question , brief and to the Facts .
 
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DanXP

Junior Member
state: NJ

problem with my case is that the police report has me cited with improper passing, so it actually works against me...

my strategy is to prove him to be a liar (which he is) since he says he was in the right lane, but the footage shows him ending up in the right lane but with his driver rear tire still in the left lane...

any advice on my other questions?

can i ask the defendant questions?

can i subpoena his driving record/accidents/claims?

can i subpoena his cell phone records? (i suspect he was on the phone)

thanks again.
 

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