When do we give them copies?

[mandik]

What is the name of your state? Wisconsin
We are suing a mortgage company for appraisals they ordered. We have all of the proof that we need. Our trial date is set. Do I have to give them all of the copies we are using in court before the trial? Or can we give them to them on the day of trial? Also, the judge asked that we send them an ammended amount that we are suing for to include labor, copies, ect. How can we guarantee that they will get the letter? Can I fax it and print a confirmation?

 

[seniorjudge]

You have asked a lot of very relevant questions and it is good that you are asking them now.

I'd suggest you read the small claims statute for your state. Also, contact the state bar in your state capital and ask them if they have handbooks for small claims court. Your attorney general may also have info on small claims.

In any event and generally, a judge in a small claims court would be impressed if you sent copies of everything you intend to use in court to the other side before court and had a receipt from a certified mail return receipt requested post.

Faxing may be in some states good service but I certainly would not rely on it. (Personal opinion, not legal opinion.)

 

[JETX]

I disagree. You are only required to 'notice' the other side of your case in criminal court. Your matter is being brought in civil court where you are not under ANY obligation to send ANY of your documents to the other side or the court before trial. Nor will your providing them 'impress a judge'. (However, if they serve you with a Request for Production or a Subpoena Duces Tecum, that is a different situation and you are obligated to comply with their requests.)

In fact, it may be best to NOT send them your documents in a case like this. Keep your documents to yourself and use them, if needed, to rebut (challenge) any statements that 'their side' might make in court. For example, if they don't show some payments as having been made and you can show that they were (by your documents), the court would have no option but to question their record keeping... and hopefully, their claims/statements.

As a REAL attorney knows... 'Never, EVER, provide ammunition to the 'other side' when you go into battle'.