Admissibility of evidences

[xophe]

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

I'm representing myself in my divorce. The trial took place with presentation of evidences and testimonies, the arguments will come in writing later. My evidences were mostly bank statements that had not been subpoenaed and my appraiser was not available for a testimony that day. The opposing party objected to my bank statements for evidences as hearsay... and the judge sustained the objections.

Does it mean that those exhibits will not be considered by the judge during the arguments? What is my recourse to introduce them as admissible evidences before the judgment takes place?

 

[Just Blue]

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

I'm representing myself in my divorce. The trial took place with presentation of evidences and testimonies, the arguments will come in writing later. My evidences were mostly bank statements that had not been subpoenaed and my appraiser was not available for a testimony that day. The opposing party objected to my bank statements for evidences as hearsay... and the judge sustained the objections.

Does it mean that those exhibits will not be considered by the judge during the arguments? What is my recourse to introduce them as admissible evidences before the judgment takes place?

You lost me at "evidences".

You should hand the case over to an Attorney today.

 

[single317dad]

Does it mean that those exhibits will not be considered by the judge during the arguments?

Yep.

What is my recourse to introduce them as admissible evidences before the judgment takes place?

Only the judge knows what the judge might accept as evidence: Maybe certified copies; Maybe an included affidavit; Maybe accompanying testimony from a bank officer; Maybe whatever opposing counsel doesn't successfully object to; Maybe it's too late now for any of that.

 

[latigo]

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

I'm representing myself in my divorce. The trial took place with presentation of evidences and testimonies, the arguments will come in writing later. My evidences were mostly bank statements that had not been subpoenaed and my appraiser was not available for a testimony that day. The opposing party objected to my bank statements for evidences as hearsay... and the judge sustained the objections.

Does it mean that those exhibits will not be considered by the judge during the arguments? What is my recourse to introduce them as admissible evidences before the judgment takes place?

In case you are in doubt the trial judged did not commit error in disallowing those statements.

They are business records of an entity not a party to the lawsuit and as such are inherently hearsay as purporting to reflect events and conditions extraneous to the trial. So, even if the judge were inclined to protract the lawsuit by allowing it to be reopened for the purpose you are suggesting (most unlikely) you most likely would be in no better shape that you are now.

That is, unless you were prepared to have a qualified witness testify as being a custodian of the data from which they were prepared; the source of the information and time and mode of their preparation as being a customary business activity such as to give reasonable assurance as to their, timeliness, accuracy and trustworthiness. Plus a showing that they have some relevancy to the issues before the court.

All of which should have been done in the first instance. Not being a part of the trial record they will not bear any weight in final argument.

Your decision to attempt something that you were incapable of doing has come home to unpleasantly roost. Lawsuits, at least those successfully tried, are 90% preparation. Many are over tried, but none overly prepared.

Hopefully there is other evidence in the record supporting whatever it is you wish to accomplish.