Texas Small Claims Court Evidence Question

[James.Williams7261]

So I have a case in Texas Small Claims and I feel pretty good going into this. However, I'm trying to find the holes in my case since I'm going against an attorney.

One thing that would hurt is if none of my evidence was allowed and it was reduced to my word against theirs. I have no witnesses, only emails. I obtained these emails by being on the board and then when someone else left the board and forwarded me a chain of emails showing how I was being improperly targeted.

These emails aren't someone sending me a message saying so and so did this, rather its a string of emails between me and the board or between the board itself discussing me. The email addresses are shown on my printouts, but printouts can be made to say anything under the sun. Thoughts?

 

[quincy]

So I have a case in Texas Small Claims and I feel pretty good going into this. However, I'm trying to find the holes in my case since I'm going against an attorney.

One thing that would hurt is if none of my evidence was allowed and it was reduced to my word against theirs. I have no witnesses, only emails. I obtained these emails by being on the board and then when someone else left the board and forwarded me a chain of emails showing how I was being improperly targeted.

These emails aren't someone sending me a message saying so and so did this, rather its a string of emails between me and the board or between the board itself discussing me. The email addresses are shown on my printouts, but printouts can be made to say anything under the sun. Thoughts?

You have the person who forwarded the emails to you as a witness, right? Members of the board?

 

[adjusterjack]

Thoughts?

I have no thoughts. My mind is a complete blank because you have revealed NOTHING about the nature of your case or what those emails are intended to prove.

Speculation without information is futile.

 

[James.Williams7261]

You have the person who forwarded the emails to you as a witness, right? Members of the board?

The member who sent them to me has now been trying to get reappointed to the board. Fairly certain he's not going to volunteer anything further. The email he sent me shows a back and forth between the ARC and the Board where replies routinely show that they understand the situation going on which is my ARC request that wasn't mentioned in the chain. Only they would have access to that.

The other emails were notifications from the property management company with their logo sending letters as attachment, and an exchange between me and the board about scheduling where replies were made on both side showing knowledge of a certified mail they received separately.

 

[James.Williams7261]

I have no thoughts. My mind is a complete blank because you have revealed NOTHING about the nature of your case or what those emails are intended to prove.

Speculation without information is futile.

Just don't want my post to appear in a search and give away anything, my evidence doesn't have to be entered until the day of. The emails show specific targeting and violations of bylaws and Texas Law. They are relevant, just looking for advice on how I can authenticate without a witness since mine isn't cooperating.

I know the email addresses of the board are authentic because I was on the board and we exchanged HOA emails. The emails are also of a nature that show they know about my ARC request which were sent to the board and no one beyond that. Will that work for authentication?

 

[Zigner]

There should be no way the email will be admitted...even in small claims court.

 

[adjusterjack]

Just don't want my post to appear in a search and give away anything, my evidence doesn't have to be entered until the day of.

Don't count on that. Texas small claims Rule 500.9 allows for discovery with the approval of the judge. A smart opponent can move for pre-trial discovery and you'd have to reveal all that "evidence" upon request.

Perhaps you should read all the rules of small claims court.

texas-rules-of-civil-procedure.pdf (txcourts.gov)

They are relevant, just looking for advice on how I can authenticate without a witness since mine isn't cooperating.

Subpoena the witnesses (also allowed in Rule 500 et. seq.) and hope they don't turn on you.

The emails are also of a nature that show they know about my ARC request which were sent to the board and no one beyond that. Will that work for authentication?

I agree with Zigner that it's highly unlikely that the emails would be admitted without testimony of the writers.

If you are suing the association, you can bet that the association will be represented by its attorney who is likely to object to your emails before you can get the words "I have these emails" out of your mouth.

The only emails that you can attest to are the ones that you wrote.

I'm afraid you have a rather naive view of how Texas small claim court works. It may be a little less formal than regular court but it's still rather rigorous with its rules, more so than many other states (and Judge Judy).

General Information - Small Claims Cases - Guides at Texas State Law Library

 

[James.Williams7261]

I agree with Zigner that it's highly unlikely that the emails would be admitted without testimony of the writers.

If you are suing the association, you can bet that the association will be represented by its attorney who is likely to object to your emails before you can get the words "I have these emails" out of your mouth.

The only emails that you can attest to are the ones that you wrote.

I'm afraid you have a rather naive view of how Texas small claim court works. It may be a little less formal than regular court but it's still rather rigorous with its rules, more so than many other states (and Judge Judy).

General Information - Small Claims Cases - Guides at Texas State Law Library

So the only way in your view to authenticate the email is with the testimony of the witness? The fact that they are emailing from known addresses and discussing my requests which only they have knowledge of isn't grounds for authentication?

Also, do I need every author authenticated in an exchange? Like with the emails between me and the board president, can I authenticate the exchange or would the board president have to be subpoenaed and state they wrote the email?

BTW, I appreciate you throwing out judge judy and calling me naive, but I'm actually trying to expand my knowledge on this subject ahead of this. The rules of civil procedure involving small claims mentions nothing about having to authenticate the evidence and say's that the rules of evidence don't apply unless the judge says so out of the interest of fairness or another law states that it will. Thus far I've been unable to find anything that states real estate law requires the rules of evidence to be followed in small claims. But that's why I'm asking the question.

 

[adjusterjack]

the rules of evidence don't apply unless the judge says so out of the interest of fairness

Exactly.

When your opponent objects to your emails as having no foundation or authentication and the judge agrees, then what?

The judge can invoke any rule of evidence as it becomes necessary.

You offer an email purported to be written by board member Joe Smith. How does the judge know that it was Joe Smith who wrote it and not somebody else using his computer? How does the judge know that there weren't additional emails addressing the issue?

Authentication of documents is a very basic rule of evidence that always applies.

 

[James.Williams7261]

Exactly.

When your opponent objects to your emails as having no foundation or authentication and the judge agrees, then what?

The judge can invoke any rule of evidence as it becomes necessary.

You offer an email purported to be written by board member Joe Smith. How does the judge know that it was Joe Smith who wrote it and not somebody else using his computer? How does the judge know that there weren't additional emails addressing the issue?

Authentication of documents is a very basic rule of evidence that always applies.

So in terms of authentication, is a witness the only way to authenticate?

I mentioned that this is a subject only they would know about because the request was only submitted to the board. The reason I did that is other legal cases in Texas mentioned this as being the low bar required for linking texts and emails to someone.

Additionally, on another forum a lawyer has said that to authenticate print it out but have the phone or computer available to provide access to the digital form.

I'm having a heck of a time finding documentation on how to authenticate without a witness. I'm going to try the witness route as well via subpoena per the suggestions here.

Also, they are counter suing me. Does the same bar of proving damages that applies to me also apply to them? Or as the plaintiff do I bear the full burden?

 

[adjusterjack]

So in terms of authentication, is a witness the only way to authenticate?

No.

But the best way is to get the writer on the stand to authenticate it.

I'm having a heck of a time finding documentation on how to authenticate without a witness.

I don't know where you are looking but a quick search for "authenticating emails in court" turned up quite a few articles about the subject:

authenticating emails in court at DuckDuckGo

Several with case citations involving emails that were, or weren't, admissible.

You can also look for Texas cases at:

authentication of emails - Google Scholar

Also, they are counter suing me. Does the same bar of proving damages that applies to me also apply to them? Or as the plaintiff do I bear the full burden?

In a civil lawsuit each party has the burden of proof or disproof by a "preponderance of the evidence."

The Legal Information Institute provides a definition and links to articles.

preponderance of the evidence | Wex | US Law | LII / Legal Information Institute (cornell.edu)

It may seem like I'm making this more complicated than it should be. Lawsuits are complicated, even at the small claims level and you need to have your ducks in a row.

 

[James.Williams7261]

No, it doesn't seem like you're making it too complex. I just want to make sure I fully understand for when I make my arguments. I'm going to subpoena them for authentication purposes.

 

[adjusterjack]

Good.

 

[Litigator22]

No, it doesn't seem like you're making it too complex. I just want to make sure I fully understand for when I make my arguments. I'm going to subpoena them for authentication purposes.

Pardon the interruption, but you are getting far ahead of yourself. First things first and what is missing here is any mention whatsoever as to the nature of the controversy/tort/claim/injury/damages or harm you claim to have suffered. And to which you are seeking redress.

All of this amateurish dialogue (good or bad) over the introduction and authentication of documents could be for naught if the forum you have chosen (which in this instance has very limited subject matter jurisdiction) does not have power to hear the case.
____________

Incidentally, you have been somewhat misinformed. The party defending a claim is under no obligation of introducing evidence or any proof of its defense whatsoever. Not until such time as the plaintiff (who must first go forward with its evidence) has established a prima facie case. (Meaning one that on face value is entitled to the relief as prayed.

Only then does the burden of proof shift to the party defending the claim.

 

[Zigner]

Exactly.

When your opponent objects to your emails as having no foundation or authentication and the judge agrees, then what?

The judge can invoke any rule of evidence as it becomes necessary.

You offer an email purported to be written by board member Joe Smith. How does the judge know that it was Joe Smith who wrote it and not somebody else using his computer? How does the judge know that there weren't additional emails addressing the issue?

Authentication of documents is a very basic rule of evidence that always applies.

Additionally, how does the judge know that the email headers weren't forged?