Another Trial Question

[SmithofSC]

My jurisdiction is: South Carolina

I am a pro se litigant. Can an affidavit previously filed with the court by me on a summary judgment motion, and is in the court records, be introduced into evidence when I am testifying on the stand? I would like to get it into the hands of the jury.

 

[PILawGirl]

Why don't you have a lawyer?

 

[SmithofSC]

No Lawyer

Simply put, I haven't found one I could afford. I am an older person and I am aware that the SC Judicial system is probably the worst run in the country. I knew going in that my only chance would be by getting to a jury. We were conned by dishonest builders with the help of their attorney. Our evidence is good enough to win before a jury but I realize any chance of getting a favorable ruling on any preliminary matters from a judge is not very good. If you are aware of a decent SC Attorney who wants to pick up a winnable case, have him/her contact me. I asked for attorney fees in my pleadings in case I found one. I would also pay one for a little coaching, but that doesn't seem to be available in this state.

 

[lwpat]

Where in South Carolina? You have to lay a proper foundation for any evidence. The court rules and the rules of evidence can be found online. I strongly disagree with your characterization of the SC court system. The courts in SC are regularly cited in many other states.

Don't blame the system for your own failures. Even experienced attorneys make mistakes that cost them the case.

 

[SmithofSC]

Hi Iwpat

Hi Iwpat, thanks for responding to my thread. I take it you must be from South Carolina. Having never pursued anything in court in any other state, I certainly am not qualified to argue with you on your points. Are you an attorney, or do you know an attorney who might be interested in my case? I don't mean for free. If so, please contact me. I believe a good experienced attorney can put it together for trial fairly easily. The area is Columbia. With the exception of having a few documents certified, making a final decision as to which witnesses to subpoena, and arranging my personal testimony into an easily understandable order for the jury, slow process, but I am doing okay. However I know an attorney could do better, and better gain the attention of the judge also.

I don't blame the system for any of my failures, and my object going in is not to pretend I am an attorney but simply not to make a fatal mistake. So far I haven't and I have enough faith to believe I want.

My disappointment with the SC court system is that the only qualification for a judge is being an attorney and elected to the legislature. A judge told me at hearing when I quoted a rule, "we don't go by that rule", and I have more witnesses than just myself that heard him say it. However, when the transcript was delivered, the wording was changed. Not being ignorant enough to challenge a judge on something like that, I simply used his "changed wording" to accomplish something else at the next hearing. It worked.

I have met judges in hearings that I thought were nice, but the one thing I have noticed about all of them, at least concerning a pro se individual, they do not pay attention, but get it over with as quickly as possible. I would be willing to bet, if I had any way to prove or disapprove the fact, that no judge in two years has read any document I have filed.

Again, thanks for your response, and any other information would be appreciated also. Oh, I do have copies of all the rules and access to cases.

 

[lwpat]

You have a PM.