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(OH) How to present/format Internet-published evidence & citing law. Is hardcopy necessary? How many? How to censor sensitive info.

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pickaname

Active Member
What is the name of your state? OH

When appearing in small claims court, I will be citing laws as well as using Internet-served documents as evidence. The laws are also published online.

When referencing the law, is it sufficient to cite the section of legal code or to cite the URL for where the law appears? Or should I have a hardcopy printout of the relevant law? I know the judge & secretary have computers right in front of them during the trial, but I'm also thinking there's always a risk of connectivity problems if they need to look something up.

Regarding evidence, some documents are online so I have essentially the same question -- is it generally acceptable to give a URL in court?

And in all cases where I'm expected to supply hard copies, should I make two copies of everything (one for the judge and one for the other party)? Is it okay to print on two sides of a page?

I will be bringing some hard copies of offline evidence, some of which contains sensitive information such as SSN. I believe all evidence becomes public record, correct? Is it normal/acceptable to blackout or edit out sensitive info? In some cases the sensitive info may need to be reviewed in court, so blacking out would hinder making a point. In that case, is there generally a way to request evidence not be recorded but just viewed on the fly?
 
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adjusterjack

Senior Member
The judge isn't going to be looking things up. Prepare hard copies - one for you, one for the judge, one for your opponent. As for printing on both sides of the page, I suggest not. That's not how paper files are arranged so print on one side of the page.

What kind of internet documents are you going to present as "evidence"? Documents are often inadmissible by themselves because "best evidence" is having the creator of the documents provide the foundation for them and testify as to the authenticity of the contents.

Small claims may relax some rules a bit but you don't want to take any chances that your "evidence" gets disallowed. Giving a url is the fastest way to get it disallowed.

I suggest you provide us with details about your case and what you are trying to accomplish. You might get better help that way.
 

quincy

Senior Member
You will need to check your local court’s rules. Each smalls claims court can have different rules on evidence (what is allowed, how it should be presented).
 

quincy

Senior Member
I also suggest reading Ohio statute 1925: Small Claims Divisions:

http://codes.ohio.gov/orc/1925

Paying close attention to 1925.16 Applicability of Rules of Civil Procedure:

http://codes.ohio.gov/orc/1925.16v1
Although small claims courts will follow the rules of civil procedure, the rules of evidence are often relaxed to the point where even hearsay is allowed. It depends on the court and the judge.

One important piece of advice offered in the Small Claims Guide (link provided previously) is to concentrate on the quality of evidence rather than quantity of evidence. Relevance matters.
 

pickaname

Active Member
I appreciate all the feedback. I read the court rules, the Ohio pamphlet, and section 1925. Those sources only covered the number of copies to bring. I'll play it safe and go with the advice here -- to print out the statutes and docs (single-sided) without counting on the court's online access.

One of the documents said the complaint should be filed with supporting documents. It's too late for that - I'll just have to bring them with me and hope they get accepted. I've done that before so it shouldn't be a problem.

The only question unanswered is regarding sensitive docs that contain info like my SSN. I guess I'll just bring them to court as-is and ask during trial what can be done.
 

quincy

Senior Member
I appreciate all the feedback. I read the court rules, the Ohio pamphlet, and section 1925. Those sources only covered the number of copies to bring. I'll play it safe and go with the advice here -- to print out the statutes and docs (single-sided) without counting on the court's online access.

One of the documents said the complaint should be filed with supporting documents. It's too late for that - I'll just have to bring them with me and hope they get accepted. I've done that before so it shouldn't be a problem.

The only question unanswered is regarding sensitive docs that contain info like my SSN. I guess I'll just bring them to court as-is and ask during trial what can be done.
You probably can have a true copy without redactions that you keep and blackout any sensitive information on the copies that are distributed. But, again, you will want to check your court’s local rules (and preferences).

Good luck.
 

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