Question about "evidence" that isn't admissable...

[doc2b]

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

This is probably not going to make any sense, but I'll ask it the best I can...

My husband's attorney is submitting his exhibits this week for the hearing. There are some things that aren't being included that aren't admissable as evidence, but he has made it sound like some of those things may be able to be brought up in court, if the opportunity arises. From the impression he gave, if hubby's ex was to lie about saying or doing something, but hubby has emails or letters from his ex that contradict what she's said in court, those can be presented. Following so far, I hope?

Hubby has some recordings from a DV incident with his ex that he doesn't know how to present to his attorney for the purpose mentioned above. (He's preparing as much of this as possible himself to avoid the extra expenses). If they are even allowed, that is...the recording was not for the purpose of recording a conversation, but he started the voice recording on his phone right before his ex started attacking him so that he had some sort of "proof" that she was doing this so she couldnt call the police and try to accuse him of DV (which she did, and she ended up getting arrested and an ex parte PPO issued against her). Should he just submit the original recordings to his attorney (they're lengthy, and there's a lot of silence to sort through), or should he make up a transcript of them (along with sending the recordings)?

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

 

[Ohiogal]

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

This is probably not going to make any sense, but I'll ask it the best I can...

My husband's attorney is submitting his exhibits this week for the hearing. There are some things that aren't being included that aren't admissable as evidence, but he has made it sound like some of those things may be able to be brought up in court, if the opportunity arises. From the impression he gave, if hubby's ex was to lie about saying or doing something, but hubby has emails or letters from his ex that contradict what she's said in court, those can be presented. Following so far, I hope?

Hubby has some recordings from a DV incident with his ex that he doesn't know how to present to his attorney for the purpose mentioned above. (He's preparing as much of this as possible himself to avoid the extra expenses). If they are even allowed, that is...the recording was not for the purpose of recording a conversation, but he started the voice recording on his phone right before his ex started attacking him so that he had some sort of "proof" that she was doing this so she couldnt call the police and try to accuse him of DV (which she did, and she ended up getting arrested and an ex parte PPO issued against her). Should he just submit the original recordings to his attorney (they're lengthy, and there's a lot of silence to sort through), or should he make up a transcript of them (along with sending the recordings)?

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

A transcript could be useful but he should have the original recordings as well. Even if not admissible by themselves they can be used to impeach the testimony of opposing party.

 

[doc2b]

A transcript could be useful but he should have the original recordings as well. Even if not admissible by themselves they can be used to impeach the testimony of opposing party.

Thank you, OG!

 

[doc2b]

I forgot to add it with the above, but is there any proper procedure for preparing things like blog posts, web pages, etc? I know that emails need headers for authentication, but for old blogs and webpages I have no idea...especially since most have been removed from the net and all that he has in his files are screenshots/pdf files that are copies of the pages.

 

[Ohiogal]

I forgot to add it with the above, but is there any proper procedure for preparing things like blog posts, web pages, etc? I know that emails need headers for authentication, but for old blogs and webpages I have no idea...especially since most have been removed from the net and all that he has in his files are screenshots/pdf files that are copies of the pages.

He can just print them off. Laying proper foundation could be as simple as testifying as to how he acquired them -- then it becomes a question of credibility.

 

[doc2b]

He can just print them off. Laying proper foundation could be as simple as testifying as to how he acquired them -- then it becomes a question of credibility.

That is a much simpler answer than I was expecting...he'll be glad to hear that! Thanks again!

 

[LdiJ]

That is a much simpler answer than I was expecting...he'll be glad to hear that! Thanks again!

I would be incredibly cautious about using anything that he saved as a pdf file or as a screenshot, because those can be easily altered. Its better to print straight from the website and then keep a hard copy if you are going to save something that might get removed.

 

[doc2b]

I would be incredibly cautious about using anything that he saved as a pdf file or as a screenshot, because those can be easily altered. Its better to print straight from the website and then keep a hard copy if you are going to save something that might get removed.

This stuff is ranging from 6 mos to 4 years old, so some of it is too late to get off the web directly. I think some of them he archived as websites on his computer, but I don't know for sure. He did print some of them directly (and saved them in Microsoft Document Imaging (I think?) format...

I thought PDF was preferred because it can't be altered?

 

[Zigner]

This stuff is ranging from 6 mos to 4 years old, so some of it is too late to get off the web directly. I think some of them he archived as websites on his computer, but I don't know for sure. He did print some of them directly (and saved them in Microsoft Document Imaging (I think?) format...

I thought PDF was preferred because it can't be altered?

Send me a PDF of your driver's license...I'll fix it up for ya!

 

[doc2b]

Send me a PDF of your driver's license...I'll fix it up for ya!

Shoot...if you can fix that weird shadow that looks like half a moustache, I'll send you the original (And I swear, I don't have a moustache...not even half of one!)

 

[TheGeekess]

This stuff is ranging from 6 mos to 4 years old, so some of it is too late to get off the web directly. I think some of them he archived as websites on his computer, but I don't know for sure. He did print some of them directly (and saved them in Microsoft Document Imaging (I think?) format...

I thought PDF was preferred because it can't be altered?

PDF can be altered. DH might try the Internet Wayback Machine and see if those pages are still there.