How to add evidence to a hearing

The court clerk's office should be able to assist you.

 

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.)

 

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.

 

It may be in the way you ask the question. They can not give advice, but they can inform you of procedure.

 

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.

 

Scour the court's website, instructions on procedure and pleadings are often found SOMEWHERE on the home page, or can be found by linking.

 

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 don't know what you can do, as I've already told you what I'd do.

 

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?

 

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).