Claims receiving different content by USPS mail

[clarton]

A bunch of thanks for your observation.

 

[Taxing Matters]

In my opinion, the OP has absolutely nothing to gain by sending a sales brochure instead of the signed extension agreement. The LL obviously has more to gain by not receiving it (therwise, the LL would accept a copy a little late). In my opinion, the OP has greater credibility.

But you haven't heard the actual testimony to be presented, and importantly you've not actually heard the landlord's side of this. That could change your view of it. It is not uncommon that when you hear only one side of things that you favor that one side because that person is not going to tell you things not favorable to his/her case. When you hear both sides your conclusions may change over hearing just one.

 

[Zigner]

But you haven't heard the actual testimony to be presented, and importantly you've not actually heard the landlord's side of this. That could change your view of it. It is not uncommon that when you hear only one side of things that you favor that one side because that person is not going to tell you things not favorable to his/her case. When you hear both sides your conclusions may change over hearing just one.

Yes, that is a given. It doesn't change my opinion right now, and that's all I was expressing.

 

[clarton]

Whether the court can make a decision on this matter as it seems there is no evidence to verify the argument of either side? I mean, like in a match where there is a draw, whether the court has that option or similar option in deciding a case? Landlord is a powerful and wealthy person and he can bring good attorneys to neutralize any merit (as Zigner stated) I have.

 

[Taxing Matters]

Whether the court can make a decision on this matter as it seems there is no evidence to verify the argument of either side? I mean, like in a match where there is a draw, whether the court has that option or similar option in deciding a case?

The way it works in this and most other civil cases is that the plaintiff (the party bringing the lawsuit) has the burden to prove his/her case by a preponderance of the evidence. That means the plaintiff has to have a case that is at least a little bit better than the defendant's case to win. In football terms, it would be like the plaintiff's team getting the nose of the football just across the 50 yard line into the defendant's side of the field. If the judge or jury thinks it's truly a tie and cannot decide which one had a better case then the defendant wins.

 

[clarton]

Got it, thanks.

 

[quincy]

clarton, I apologize for not returning to this thread earlier. I was traveling out of state and failed to check in to add the “tips” I earlier promised. I don’t know whether there has been a hearing scheduled for your case yet but, in case there hasn’t been, here are a couple of links to information you might find helpful. You will want to check your local courthouse for additional rules, which should be posted on the Courthouse website.

From the Florida Courts, Preparing for Court: https://help.flcourts.org/Get-Started/The-Process-What-Happens-in-Court/Preparing-for-Court-Courtroom-Expectations

Although the following seems like common sense, we have had posters on this forum who have asked before if they can wear pajamas to court. You should not. Dress codes generally will require you dress in a manner that does not “offend” the court. This means no teeshirts with derogatory messages or images, no ripped blue jeans, no baseball caps, no revealing outfits (no one wants to see too much of your chest or your legs). It does mean “professional” attire (which might depend on your profession but should mean clean, pressed, nice clothing like a suit and tie, khakis and buttoned shirt, etc).

For an interesting look at courthouse dress codes and their constitutionality, the following was published in 2018 in the Harvard Law Review (“Sixth Amendment Challenge to Courthouse Dress Codes”): https://harvardlawreview.org/2018/01/sixth-amendment-challenge-to-courthouse-dress-codes/

Attitude matters. Be polite to everyone in the courtroom. Do not raise your voice or interrupt others when they are speaking. Address all comments to the judge and not the other party. Try to remain emotionless when the other party lies (which he probably will). You will be given the chance to refute these lies.

The other party needs to prove his case - and he does not appear to have the evidence to do so. His word that he received the wrong document from you, as Zigner noted, appears contrary to common sense.

Good luck in court.

 

[Taxing Matters]

The other party needs to prove his case - and he does not appear to have the evidence to do so. His word that he received the wrong document from you, as Zigner noted, appears contrary to common sense.

Well, technically it is the OP that would need to prove his/her case as he or she would be the plaintiff in this case. But certainly if the OP presents a reasonable case and the landlord's defense is lacking then the OP should win on that.

And last I could tell the OP hasn't yet filed the court complaint, so your tips certainly should be timely. There would be no hearing held that fast on this even if the case was filed in the last couple of weeks.

 

[quincy]

Here from the FreeAdvice archives are two additional links. The topics of the threads do not in any way apply to you, clarton, nor do all the tips offered apply, but the tips to appearing in court (see post #6 in first link written by “seniorjudge” in 2007) can be instructive:

https://forum.freeadvice.com/threads/missed-court-date-but-no-warrant-yet.349079/

https://forum.freeadvice.com/threads/what-color-tie-for-court-should-i-wear.601432/

 

[Taxing Matters]

And an important one that does not ever seem to get mentioned: be on time for all hearings and trials. With the security that many courthouses now have and problems with parking, etc., that can occur around courthouses it may take you longer than you think to reach the courtroom. Along with potential traffic delays and other things that can come up you want to allow plenty of time to get there. It is far better to arrive early and have to sit around a bit than it is to arrive late.

 

[quincy]

And an important one that does not ever seem to get mentioned: be on time for all hearings and trials. With the security that many courthouses now have and problems with parking, etc., that can occur around courthouses it may take you longer than you think to reach the courtroom. Along with potential traffic delays and other things that can come up you want to allow plenty of time to get there. It is far better to arrive early and have to sit around a bit than it is to arrive late.

That is actually the first recommendation offered by the Florida courts in the first link I provided.

 

[Taxing Matters]

That is actually the first recommendation offered by the Florida courts in the first link I provided.

So it is, I missed that. Still, it bears repeating, I think. I've seen what some judges did with lawyers or litigants who were late, and it wasn't pretty.

 

[quincy]

So it is, I missed that. Still, it bears repeating, I think. I've seen what some judges did with lawyers or litigants who were late, and it wasn't pretty.

It does bear repeating. It is an important point.

Becoming acquainted with the courthouse and courtroom days before the scheduled hearing can also be a good idea, so you know how the judge handles the cases before him.

 

[adjusterjack]

It is far better to arrive early and have to sit around a bit than it is to arrive late.

It's often interesting to see what's happening in cases that go on before you.

 

[quincy]

It's often interesting to see what's happening in cases that go on before you.

It is a certainly a good way to see how a particular judge handles the cases and the parties to a case. Some judges are extremely patient and allow for a bit of rambling, and others are not quite so tolerant and will move along a case with swiftness.

Taking note cards to your hearing that outlines all of the important points you want to make is a good idea, so you don’t drift off point or forget what is necessary to support your case.

For those who are new to courts and procedures, a courtroom and judge can be intimidating. Preparing what you want to say in advance, just like you would prepare for a speech, can help relieve some of the natural anxiety.