Burden of proof

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

The burden of proof. Can I get some examples of what a judge might use in a case where it is one parties word against the other?

This involves a personal property dispute where claims are being made about missing property, damaged property months after it was distributed. No third party witnesses, no one other than the ex and I were involved to mark off or verify what was given and in what condition.

Some items demanded actually belong to her own daughter who signed an affidavit to the court that they are hers. Does that in itself tip the scales of credibility? Also, there were several sections of the decree she never complied with but I never pursued because I just didn't care. Will the judge weigh that in as well as to character?

I did hire a lawyer and she keeps talking about burden of proof and the ex has none but I just don't trust the courts.

Blong said:

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

The burden of proof. Can I get some examples of what a judge might use in a case where it is one parties word against the other?

This involves a personal property dispute where claims are being made about missing property, damaged property months after it was distributed. No third party witnesses, no one other than the ex and I were involved to mark off or verify what was given and in what condition.

Some items demanded actually belong to her own daughter who signed an affidavit to the court that they are hers. Does that in itself tip the scales of credibility? Also, there were several sections of the decree she never complied with but I never pursued because I just didn't care. Will the judge weigh that in as well as to character?

I did hire a lawyer and he keeps talking about burden of proof and she has none but I just don't trust the courts.

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Generally, whomever accuses someone of something has the burden of proof to prove their claim.

LdiJ said:

Generally, whomever accuses someone of something has the burden of proof to prove their claim.

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That I do understand, so given the above situation what type of threshold would a judge look for them to prove their case? I guess there are a bunch of pictures but my lawyer says they don't prove anything because they don't document the condition of the property beforehand nor do they prove what was in there in the first place because items could have been removed. Obviously you can't speak for the judge but this all seems so subjective.

The woman I hired keeps telling me to relax they have no case but when I ask why all she says is their case is impossible to prove. Makes me wonder how the ex got her attorney to take the case to begin with.

So is my lawyer right about all her statements?

Blong said:

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

The burden of proof. Can I get some examples of what a judge might use in a case where it is one parties word against the other?

This involves a personal property dispute where claims are being made about missing property, damaged property months after it was distributed. No third party witnesses, no one other than the ex and I were involved to mark off or verify what was given and in what condition.

Some items demanded actually belong to her own daughter who signed an affidavit to the court that they are hers. Does that in itself tip the scales of credibility? Also, there were several sections of the decree she never complied with but I never pursued because I just didn't care. Will the judge weigh that in as well as to character?

Click to expand...

The judge will not even consider an affidavit. If you want the daughter's testimony entered onto the record, she must be there at the hearing.

Ultimately, the person who is asking for something is the one who must prove it. For example, if your ex is asking the court to order you to reimburse her for lost items, then she will have to prove to the court that you owe that money.

Beyond that, it comes down to credibility. Who is more believable and who is being evasive. But, in general, if the plaintiff doesn't prove their case, they lose.

Blong said:

I did hire a lawyer and he keeps talking about burden of proof and she has none but I just don't trust the courts.

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So you don't trust the courts or the lawyer that you're paying lots of money to, but you'll listen to Internet strangers????

mistoffolees said:

The judge will not even consider an affidavit. If you want the daughter's testimony entered onto the record, she must be there at the hearing.

Ultimately, the person who is asking for something is the one who must prove it. For example, if your ex is asking the court to order you to reimburse her for lost items, then she will have to prove to the court that you owe that money.

Beyond that, it comes down to credibility. Who is more believable and who is being evasive. But, in general, if the plaintiff doesn't prove their case, they lose.



So you don't trust the courts or the lawyer that you're paying lots of money to, but you'll listen to Internet strangers????

Click to expand...

Thanks for your answers...this seems so damn subjective. The ex had a history of lying to the court in the original case so we'll see. Prove I owe the money? If the item is claimed missing but I claim it is was left if you were her attorney how could you "prove" that?

Now I am concerned about the affidavit because the daughter is out of state and the lawyer said that would be ok.

LOL...no I am just trying to get a another view. I have to trust my lawyer but to be honest she is kind of brash and doesn't explain things to well. Although she has a very good reputation and is very aggressive in court which is why I hired her.