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Declaring evidence for trial if in statement of claim documentation?

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spike1951

Guest
What is the name of your state? Florida

What about evidence?

If the evidence, you plan to use at trial, is all in your statement of claims and associated documents submitted with the statement of claim ----

DO YOU NEED TO DO ANYTHING SPEICAL TO USE that info IN COURT AS EVIDENCE?
 


stephenk

Senior Member
That is not enough to have those documents admitted as evidence.

You need to lay a foundation for any documents you want to submit as evidence unless the other stipulates ahead of time to allow the documents to be admitted into evidence.

Laying a foundation means you have establish the authenticity of the document before it is allowed as an exhibit and then admitted into evidence. ie, if you have a letter you want to have admitted you either need the person who wrote the letter to testify that it is in fact the letter they wrote or the person who received the letter to testify they actually received it. If you have neither, the court will not allow the letter to be admitted since there is nothing to show that the authenticity of the letter.
 
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spike1951

Guest
THANK YOU SO MUCH!

Thanks for the help. I would have never thought of having a witness to testify that they got the letter. I will do that!

And the rest that you suggest.

THANKS MUCH, stephenk;)
 
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resipsa

Guest
I don't know about FL, but here in CA, the rules are relaxed. If the defendant is a lay person with little knowledge about the rules of evidence, he/she will not raise an objection to your evidence. If an objection is not raised before your submission (and defendant has has adequate time to object), it will be considered a waiver. Then it will come in....just don't bring it up the foundational stuff with the defedant before trial....if he/she doesn't know, it's to your benefit.

This happens 99% of the time here.

Good Luck.
 
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spike1951

Guest
UNFORTUNATELY IT IS A WELL SEASONED LAWYER

And this well seasoned lawyer, smiles and acts friendly as he rips my flesh in 6 motions so far and when I took a depo on his client. HE HONESTLY OBJECTED TO 80% OF MY QUESTIONS, I at least knew that his client was suppose to answer and let the judge be the judge of the validity of his objections. but it was distracting to my depo flow! ALSO HIS CLIENT LOOK AT HIM EVERYTIME BEFORE ANSWERING AND DID NOT ANSWER UNTIL HE SHOOK HIS HEAD OR SAID OK!
 
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