How to add evidence to a hearing
- Thread Starter boomer613
- Start date
mightymoose
Moderator
The court clerk's office should be able to assist you.
I have asked and they said they are not allowed to give advice.
KatDini
Well-Known Member
Then, mayhaps you should read the Rules of Civil Procedure for Alabama, especially if you're not going to use an attorney.
(I am not associated with any attorney/practice whose site I may link to. All links are for informational purposes only.)
adjusterjack
Super Moderator
What is the hearing about? Does it involve an auto accident? Police reports are not admissible as evidence. Appears you are in way over your head.
Explain what this is all about and you might get some helpful comments.
mightymoose
Moderator
It may be in the way you ask the question. They can not give advice, but they can inform you of procedure.
I was accused of trespassing and cutting down a neighbor tree. The plaintiff was going through a divorce. I had permission from the plaintiff's husband to cut down the tree. The plaintiff moved back in the house and called the police. The police report stated that the plaintiff admitted calling her husband and that he gave permission to me to cut down the tree. Can I use this police report at the hearing as evidence. Is this admissible or prohibited as being hearsay?
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zddoodah
Well-Known Member
For what purpose (i.e., what sort of hearing)? What sort of case?
Judges don't typically send letters to litigants. However, if in fact that actually happened, you probably can call the court clerk and ask about how the court would like the evidence submitted. Otherwise, you need to educate yourself about your state's evidentiary and procedural rules relating to your case, as well as any local court rules.
So...is this a criminal prosecution in which you are the defendant? Or is it a civil lawsuit?
You might be able to use the police report to impeach the woman's testimony. Otherwise, it's hearsay. If your defense is that you had the woman's husband's permission to do what you did, then subpoena him to testify as a witness.
I filed a motion to dismissed based upon the statue of limitation.
Civil court
Can you do a Request for Admissions, asking the plaintiff if the statement in the police report was correct?
army judge
Super Moderator
Scour the court's website, instructions on procedure and pleadings are often found SOMEWHERE on the home page, or can be found by linking.
army judge
Super Moderator
I can't tell you what to do, but if I were trying the case, I'd simply request a summons for the person who gave me permission to cut down his tree and directly examine him as to his role in the incident.
Direct testimony is usually better than a document when you're trying to prosecute your case.
I was able to muster out an answer from the court clerk office.
Can you do a Request for Admissions, asking the plaintiff if the statement in the police report was correct?
army judge
Super Moderator
Thank you for your advice. I will look how to do a summons.
zddoodah
Well-Known Member
I assume what you really want to know is if you can do this (not if I can do it).
You certainly can serve such a request. But that doesn't necessarily mean it would be a good idea to do that.
A summons is a document by which the court secures jurisdiction over a defendant. The case is already pending and you're the defendant, so "do[ing] a summons" makes no sense. As I explained previously, if your defense is that you had the woman's husband's permission to do what you did, then subpoena him to testify as a witness.
Why is it that you apparently are reluctant to subpoena the man who gave you permission? If you subpoena him and he testifies that he gave you permission, then you need nothing else. Yes, you could have your son testify, but why would you want to put a 13-year old on the witness stand and subject him to being cross-examined?
Because we approached the husband and he said he did not want anything to do with it and it was between me and his ex-wife. I feel he would be a hostile witness. My son is 15 now.
zddoodah
Well-Known Member
Hostile or not, unless you think he'll lie about giving permission, having him testify will be the best evidence. If he lies, then you can put your son on the stand. Part of the reason why you might want to keep your son off the stand is that being cross-examined could be difficult, and children are fairly easily susceptible of being manipulated (both by their parents and by a good attorney who is cross-examining).
Thanks. I think you are right. Once I get through the hearing, I'll have to re-evaluate if it best serves to get a lawyer or have one coach me.
On another note, for the hearing, will judge look at the police report to determine if trespassing was involved? Secondly, would it be best to subpoena the reporting police officer to the hearing?
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