What is the name of your state? California
I have an OSC hearing on Monday for contempt, a charge I brought against a defendant. I think I have all my ducks in a row but just in case....
The thing I am a little nervous about is the fact that this is a quasi-criminal hearing/trial and I must give oral testimony, present evidence and prove my case beyond a reasonable doubt. Good practice for the real trial coming up except it is a civl case.
Since I have never introduced evidence I just want to make sure I know the drill.
The only evidence will be two documents/letters written by the defendant. The defendants have yet to acknowledge they wrote them (though they haven't denied it) and I suspect they won't be showing up for court anyway.
I think I need to premark the documents EXH 1, 2, etc. although some things I've read you mark them in court....???? Which is it?
One document is a faxed letter. I know it is genuine because the defendant told me she would fax it and she signed it and I recognize the signature. The second document is an agreement. I know it is genuine because the defendant altered (changed a word) and signed it in my presence. I also recognise the signature. I also have older documents with same signature.
I know I can't state what is in the document that supports my argument until I introduce it and the court allows it. I am just afraid i am going to be very clumsy at this and fumble all over the place. Can anyone give me an outline for the proper or at least smooth way to intorduce evidence?
Also, if the defendant doesn't show, do I still proceed with arguments and evidence?
Thanks.
I have an OSC hearing on Monday for contempt, a charge I brought against a defendant. I think I have all my ducks in a row but just in case....
The thing I am a little nervous about is the fact that this is a quasi-criminal hearing/trial and I must give oral testimony, present evidence and prove my case beyond a reasonable doubt. Good practice for the real trial coming up except it is a civl case.
Since I have never introduced evidence I just want to make sure I know the drill.
The only evidence will be two documents/letters written by the defendant. The defendants have yet to acknowledge they wrote them (though they haven't denied it) and I suspect they won't be showing up for court anyway.
I think I need to premark the documents EXH 1, 2, etc. although some things I've read you mark them in court....???? Which is it?
One document is a faxed letter. I know it is genuine because the defendant told me she would fax it and she signed it and I recognize the signature. The second document is an agreement. I know it is genuine because the defendant altered (changed a word) and signed it in my presence. I also recognise the signature. I also have older documents with same signature.
I know I can't state what is in the document that supports my argument until I introduce it and the court allows it. I am just afraid i am going to be very clumsy at this and fumble all over the place. Can anyone give me an outline for the proper or at least smooth way to intorduce evidence?
Also, if the defendant doesn't show, do I still proceed with arguments and evidence?
Thanks.