Best way to file, present evidence

[abc2011]

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

I plan to file a complaint in small claims/special civil.

(1) Generally, is it better to write a lot of detail in the complaint form or be brief, e.g. "failure to do so and so" and have a separate detailed write-up (2-4 pages) for the judge and present it before/during trial? I've seen this done during a hearing but not sure if same can be done in small claims.

(2) I will present photographs, audio, video evidence. Would it be appropriate to bring a notebook computer and play audio video files for the judge, or is there a special code/procedure for audio/video evidence?

(3) Is it necessary to notify the defendant party by certified and regular mail or certified will be enough?

 

[tranquility]

Get a big fat notebook. Organize it with all your evidence. Make sure you have a copy for the judge, the other party and yourself. (Along with the original if possible.) Learn where everything is repeatedly.

Prepare a story about what happened that takes about a minute to say.

Let the judge guide as to when he wants you to remove something from the notebook and give it to him.

 

[davidmcbeth3]

small claims complaint? As brief as possible. You can add exhibits to the complaint if you wish or present them at trial.

Audio & video ? Many judges won't listen or want to view .. pictures yes.

So be prepared for the judge to say no to audio & video .. & chk out your state laws regarding any audio recordings (need for consent)...you don't want to be in the position where the defendant says "I did not authorize my videotaping/audio recording".

NJ is a 1 party consent state so at least 1 person on the audio has to agree to be audio taped. So have that 1 person in court (could be you)


List of states & their basic consent requirements for audio:



States with "One party Consent" for audio recording

Alabama - One Party
Alaska - One Party
Arizona - One Party
Arkansas - One Party
Colorado - One Party
District of Columbia - One Party
Georgia - One Party
Idaho - One Party
Indiana - One Party
Iowa - One Party
Kentucky - One Party
Louisiana - One Party
Maine - One Party
Minnesota - One Party
Mississippi - One Party
Missouri - One Party
Minnesota - One Party
Nebraska - One Party
New Jersey - One Party
New Mexico - One Party
New York - One Party
North Carolina - One Party
North Dakota - One Party
Oklahoma - One Party
Oregon - One Party
Ohio - One Party
Rhode Island - One Party
South Carolina - One Party
South Dakota - One Party
Tennessee - One Party
Texas - One Party
Vermont - One Party
Virginia - One Party
West Virginia - One Party
Wisconsin - One Party
Wyoming - One Party

States with "Two party Consent" for audio recording

California - Two Party
Connecticut - Two Party
Delaware - Two Party
Florida - Two Party
Hawaii - Two Party
Illinois - Two Party
Kansas - Two Party
Maryland - Two Party
Massachusetts - Two Party
Michigan - Two Party
Montana - Two Party
Nevada - Two Party
New Hampshire - Two Party
Pennsylvania - Two Party
Utah - Two Party
Washington - Two Party

 

[John_DFW]

I can't speak for New Jersey, but in Texas you are allowed to ask the court or Judge for clarification regarding procedure, which is basically what you are wanting to know. You cannot ask legal questions.

The courts here charge the fee for serving by crr and take care of it after you file. If you have to do this yourself, use crr so you have proof they were properly served.

 

[abc2011]

I can't speak for New Jersey, but in Texas you are allowed to ask the court or Judge for clarification regarding procedure, which is basically what you are wanting to know. You cannot ask legal questions.

The courts here charge the fee for serving by crr and take care of it after you file. If you have to do this yourself, use crr so you have proof they were properly served.

Just found out today the court serves and it's included in the filing fee so i don't have to worry about it. Now i'm trying to find out if i can include parking fee/travel expenses and maybe witness compensation in my complaint. My witness loses money or days at work.