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Presenting email evidence in small claims: how?

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hbrooks7

Junior Member
What is the name of your state (only U.S. law)? PA

Hello. I have filed a small claims case that is entirely backed by documents. Most of them are emails. My question is, how do I present them? Are printouts okay, and if so, is it against protocol to highlight the key points with a yellow highlighter? Do I need to project them so that everyone can view simultaneously?

I ask that because there is a decent amount of text to wade through, and it would otherwise be difficult to bring the key points to the judge's attention. For instance, there are printouts of emails with full pages of small-print text but there is a sentence or two in the middle of it that is of most relevance and importance.

What is the best way to present things like this? Especially because, after the case, I presumably leave the documents with the judge and it will serve me best if he doesn't have to search for things.

Any help would be appreciated. Thank you!
 


PayrollHRGuy

Senior Member
Generally the rules are pretty loose in Small Claims.

I would take four copies. One untouched and three highlighted identically, one for you one for the judge and one for the other party.

It would be best for them to be printed with full headers.
 

latigo

Senior Member
Generally the rules are pretty loose in Small Claims.

I would take four copies. One untouched and three highlighted identically, one for you one for the judge and one for the other party. It would be best for them to be printed with full headers.
Would you care to make an attempt at reconciling the above legalese guesswork with the following:

"The magisterial district judge shall be bound by the rules of evidence, except that a bill, estimate, receipt or statement of account which appears to have been made in the regular course of business may be introduced in evidence by any party without affidavit or other evidence of its truth, accuracy or authenticity." 246 PA Code Rule 321. Hearings and Evidence. (As also stated in Rule 101 of the Pennsylvania Rules of Evidence.)

Noting that the Rules do no say "generally bound"!
 
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PayrollHRGuy

Senior Member
OK I'm not answering any more PA Small Claims court questions. First they let lawyers in now everything has to have an affidavit.

But wouldn't they OP sworn testimony that they are real be the same thing?
 

latigo

Senior Member
OK I'm not answering any more PA Small Claims court questions. . . . . .
I don't care if you choose not to answer anymore PA Small Claims court questions. I just want you to answer my question!

In view of the fact that Pennsylvania's Rules of Evidence apply equally to every level of the state's judicial system (including its Magisterial District Courts where "small claims cases" are heard) how do you justify telling the OP that such a court will relax those Rules allowing the OP to introduce into evidence a bundle of emails short of having them authenticated in accordance with Rule 901 of those Rules of Evidence?
 

CTU

Meddlesome Priestess
I don't care if you choose not to answer anymore PA Small Claims court questions. I just want you to answer my question!

In view of the fact that Pennsylvania's Rules of Evidence apply equally to every level of the state's judicial system (including its Magisterial District Courts where "small claims cases" are heard) how do you justify telling the OP that such a court will relax those Rules allowing the OP to introduce into evidence a bundle of emails short of having them authenticated in accordance with Rule 901 of those Rules of Evidence?
Knock it off, latigo.
 

quincy

Senior Member
Would you care to make an attempt at reconciling the above legalese guesswork with the following:

"The magisterial district judge shall be bound by the rules of evidence, except that a bill, estimate, receipt or statement of account which appears to have been made in the regular course of business may be introduced in evidence by any party without affidavit or other evidence of its truth, accuracy or authenticity." 246 PA Code Rule 321. Hearings and Evidence. (As also stated in Rule 101 of the Pennsylvania Rules of Evidence.)

Noting that the Rules do no say "generally bound"!
Rule of Evidence 901(a) says, "In General. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must provide evidence sufficient to support a finding that the item is what the proponent claims it is."

Under 901(b), Examples, example (b)(1) is authenticating by testimony of a witness with knowledge. Example (b)(4) is authenticating by distinctive characteristics and the like.

See: Pennsylvania Rule of Evidence 901, Authenticating or Identifying Evidence:

http://www.pacode.com/secure/data/225/chapter9/s901.html

Also see: Commonwealth of Pennsylvania v. Koch:

http://www.pacourts.us/assets/opinions/Supreme/out/J-16-2014co - 1020587092964130.pdf

From the Court in Koch: "The decision to admit or exclude evidence is committed at the trial court's sound discretion, and evidentiary rulings will only be reversed upon a showing that a court abused that discretion."

These trial court decisions could be reviewed on appeal.

Instead of being mysterious, latigo, you could try just answering the question asked by the original poster. ;)
 
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hbrooks7

Junior Member
Guys, thank you for your comments. But now I am more confused. I just want to know if I can present hard copies of my emails and if so, or if not, how I should do it. Surely emails are used as evidence in many small claims cases ... right?
 

PayrollHRGuy

Senior Member
I don't care if you choose not to answer anymore PA Small Claims court questions. I just want you to answer my question!

In view of the fact that Pennsylvania's Rules of Evidence apply equally to every level of the state's judicial system (including its Magisterial District Courts where "small claims cases" are heard) how do you justify telling the OP that such a court will relax those Rules allowing the OP to introduce into evidence a bundle of emails short of having them authenticated in accordance with Rule 901 of those Rules of Evidence?
Have you ever been in a small claims court? I have in about 4 or 5 different states and the procedural rules are far more relaxed than they are in higher courts. I've have personally used emails as evidence and since I was under oath when I said they were received they were accepted.
 

quincy

Senior Member
Have you ever been in a small claims court? I have in about 4 or 5 different states and the procedural rules are far more relaxed than they are in higher courts. I've have personally used emails as evidence and since I was under oath when I said they were received they were accepted.
latigo is an attorney. He tends to know the rules.
 

quincy

Senior Member
While true, he doesn't seem to understand the reality sometimes ;)
When latigo asks a question of members, I think it is often to see if THEY know what they are talking about. PayRollHRGuy is not an attorney so his research skills and claimed experiences are up for question.

But, yes, applying the law is different from knowing what the law says.

hbrooks7, small claims courts are still courts that must abide by the rules - as latigo earlier noted. But small claims courts have simplified procedures and the judges, while not abandoning the rules, relax them a bit for the non-attorney litigants. Pro se litigants in small claims courts are not held to the same standard that attorneys are.

In other words, authenticating documents in a small claims court rarely will require expert analysis and testimony. If you testify that emails or texts were sent by your defendant AND the defendant does not object to the introduction of the emails and texts as evidence or deny their legitimacy, the judge should accept them for what you say they are.

It is not a good idea to rely solely on email exchanges to support your case, however, unless you can SHOW CONVINCINGLY they come from the defendant.

Also, it is important for you to know YOUR court and judge. What someone else might have experienced has no true bearing on your own case. Your judge might be a stickler for rules as written. If you have the chance, sit in his court to get a feel for how he operates.

Read what I provided earlier for you in the links. The case I cited has a discussion that is informative.
 
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hbrooks7

Junior Member
When latigo asks a question of members, I think it is often to see if THEY know what they are talking about. PayRollHRGuy is not an attorney so his research skills and claimed experiences are up for question.

But, yes, applying the law is different from knowing what the law says.

hbrooks7, small claims courts are still courts that must abide by the rules - as latigo earlier noted. But small claims courts have simplified procedures and the judges, while not abandoning the rules, relax them a bit for the non-attorney litigants. Pro se litigants in small claims courts are not held to the same standard that attorneys are.

In other words, authenticating documents in a small claims court rarely will require expert analysis and testimony. If you testify that emails or texts were sent by your defendant AND the defendant does not object to the introduction of the emails and texts as evidence or deny their legitimacy, the judge should accept them for what you say they are.

It is not a good idea to rely solely on email exchanges to support your case, however, unless you can SHOW CONVINCINGLY they come from the defendant.

Also, it is important for you to know YOUR court and judge. What someone else might have experienced has no true bearing on your own case. Your judge might be a stickler for rules as written. If you have the chance, sit in his court to get a feel for how he operates.

Read what I provided earlier for you in the links. The case I cited has a discussion that is informative.
Thank you everybody, and thanks quincy for the links. Now, when I submitted my claim I asked if I should leave the documents (not just emails) that I planned on submitting as evidence at trial. I was told by the people at the window: no, bring them to trial. All they wanted was the complaint form which was just that one page. But I am finding things online that suggest not only leaving documents but also making copies for the defense. Any idea what to do?
 

quincy

Senior Member
Thank you everybody, and thanks quincy for the links. Now, when I submitted my claim I asked if I should leave the documents (not just emails) that I planned on submitting as evidence at trial. I was told by the people at the window: no, bring them to trial. All they wanted was the complaint form which was just that one page. But I am finding things online that suggest not only leaving documents but also making copies for the defense. Any idea what to do?
You can bring your evidence with you when you appear in court. You can make copies for the other party and the judge and for yourself.

Good luck.
 

hbrooks7

Junior Member
duration of hearing

I have been reading online that small claims hearing are often only about 15 minutes long. I'm think my case could require significantly more time, like an hour or even two, if only because of the evidence that needs to be presented. Is there a significant likelihood of getting cut off, or do the judges usually adapt to the case at hand and let the particulars of the case dictate the duration?

If it matters I am filing for the maximum amount of damages permissible.

Thanks all!
 
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