Submission of evidence

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

I have a question. I have a hearing for a summary of judgment next month. I am representing myself. I need to know when and how to submit my evidence.

Also, can anyone tell me what type of evidence is admissible?

Thanks so much!

If you don't know the answer to that question then you shouldn't be representing yourself. (unless you want to lose).

And what does this have to do with Hiring, Firing & Wrongful Termination?

Relevant evidence which is not prohibited for some reason.

Sheesh. I agree with swalsh411, if you don't know, you cannot proceed pro se.

My question has everything to do with my case.

And there is no need to be a smart butt.

I thought there was freedom of speech- which includes asking a question.

timiti, if you are representing yourself, you would be wise to pick up both a copy of the Federal Rules of Civil Procedure and the Federal Rules of Evidence (these do not apply to state suits, but most states' rules are modeled after the federal rules) or locate copies of the Alabama State Rules, and go over the contents. Your local library may have up-to-date copies to review or you can locate them online.

You can start your research by reading the rule on Summary Judgment (Rule 56 in the Federal Rules of Civil Procedure). You are going to need to serve your opposing affadavits prior to the hearing scheduled for next month.

Your goal is to show the court that there is a genuine issue of material fact and that the moving party is not entitled to the judgment as a matter of law.

You will be expected, as a pro se, to understand the Rules as they apply to your case. A recently released survey of state judges completed by the American Bar Association shows that, while there are more pro se's than ever before representing themselves in court (perhaps due to high legal costs and perhaps a reflection on the poor economy), judges are finding that pro se's are making serious errors that compromise their cases. Cases with merit often get dismissed due to these errors.

Procedural errors, failure to present the necessary evidence, and failure to object properly to the introduction of the other party's evidence, are three areas most cited by the judges that harm a pro se's chances in court.

If you are overwhelmed by what you need to know in order to proceed, try to locate a free legal aid clinic in your area. There are attorneys there who may be able to help you.

Good luck.

You can call the County and State Bar Association and see if they know of anyone who is willing to do this:
Birmingham Bar Association
Alabama State Bar

Law schools usually offer clinics for free help, to train the law students.
Here's a link to UA's School of Law Clinics:
The University of Alabama School of Law

Samford University also has Cumberland School of Law:
Cumberland School of Law

Then, there's the Birmingham School of Law:
BSOL - Welcome

Here's a number for the Miles Law School; No information on their website if they offer clinics or such, but the worst they can do is tell you no.
205-923-7739

If you don't answer relevant questions, like what your question posted in the employment law section has to do with employment law, don't expect any useful replies.

And if you honestly think "freedom of speech" has anything to do with asking a question on a private forum and not getting smarta** replies (which mine wasn't by the way) then you're even less qualified to represent yourself then I initially thought.

She got some useful replies, swalsh. Yours just happened to not be one of them.

quincy said:

She got some useful replies, swalsh. Yours just happened to not be one of them.

Click to expand...

I disagree - swalsh's post was the most helpful. This guy couldn't get himself out of a soggy paper bag (legally speaking). He's gonna get shredded.

Well, Zig, I guess we look at this differently, then.

I am not usually one to throw my hands in the air and accept defeat without exploring all options first. This would be especially so if, in a situation similar to timiti's, I felt I had a case with merit.

I provided timiti with some written resources and recommended that timiti get legal assistance through a legal aid clinic, and TheGeekess provided sources where timiti can locate such legal assistance.

I believe that is more "useful" than asking an irrelevant question and telling someone they are screwed.

quincy said:

Well, Zig, I guess we look at this differently, then.

I am not usually one to throw my hands in the air and accept defeat without exploring all options first. This would be especially so if, in a situation similar to timiti's, I felt I had a case with merit.

I provided timiti with some written resources and recommended that timiti get legal assistance through a legal aid clinic, and TheGeekess provided sources where timiti can locate such legal assistance.

I believe that is more "useful" than asking an irrelevant question and telling someone they are screwed.

Click to expand...

Who ever said the OP was screwed? The only thing said was the OP would be screwed if he was to represent himself...

Hmmm.

To me, saying "If you don't know the answer to that question you shouldn't be representing yourself (unless you want to lose)" and "if you don't know, you cannot proceed pro se" is sort of the same as saying "you're screwed" if you cannot hire an attorney, because WE sure as heck are not going to answer the question for you.

If timiti does not have the financial resources available to hire an attorney, there are resources available to help pro se's. FreeAdvice is often one such resource. And The Geekess provided several relevant Alabama sources.

timiti can still represent herself, but she can also have legal guidance prior to the hearing. This will make her better prepared and better able to handle the case on her own.

Having an attorney representing you is always going to give you a big advantage in court. Unfortunately, the costs of legal representation often put such representation out of the reach of many people. That is why the forum part of FreeAdvice exists in the first place.

quincy said:

I believe that is more "useful" than asking an irrelevant question and telling someone they are screwed.

Click to expand...

The "irrelevant" question of what the OP's question has to do with employment law? That's hardly irrelevant. He didn't provide even the most basic facts about his situation.

edit: I could not in good conscious advise a person who has such a poor grasp of the law that they think "free speech means you shouldn't expect to get smart*ss replies on a private forum" to represent themself, unless of course they want to lose. That would be the equivalent of advising a person who doesn't understand the basic concepts of electricity on how to wire a house.

The Home Depot offers classes on wiring and they have a handy step-by-step book and, should such a wiring task prove too difficult or dangerous for a person to handle on their own, most communities have organizations that will offer free assistance, available to those who cannot afford an electrician to do the wiring for them.

Not at all unlike the help that is available to pro se's who are faced with a court suit and no money to pay for an attorney.

I am curious, swalsh. How is your knowing the facts of the employment case going to help you answer the question on when and how to submit evidence?

If there is no relationship between the case the OP is submitting, and employment law, then there are better forums than this one to ask his question, where he is more likely to get a complete answer. Most of us on this board are HR professionals rather than lawyers and aren't any more up on the rules of submission than he is.

On the other hand, if his case is related to employment law, we might have some helpful information to provide him with.