How to add evidence to a hearing

boomer613

Member
Jurisdiction
Alabama
I have a hearing date set. In a letter from the judge, I need to submit all evidence for the hearing no later than 7 days before the hearing. If I want to submit a police report, how do I do this? What is the name of the form or letter head?
 
I have a hearing date set. In a letter from the judge, I need to submit all evidence for the hearing no later than 7 days before the hearing. If I want to submit a police report, how do I do this? What is the name of the form or letter head?

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.
 
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.

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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I have a hearing date set.

For what purpose (i.e., what sort of hearing)? What sort of case?

In a letter from the judge, I need to submit all evidence for the hearing no later than 7 days before the hearing. If I want to submit a police report, how do I do this? What is the name of the form or letter head?

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.

I was accused of trespassing and cutting down a neighbor tree.

So...is this a criminal prosecution in which you are the defendant? Or is it a civil lawsuit?

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?

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.
 
For what purpose (i.e., what sort of hearing)? What sort of case?
I filed a motion to dismissed based upon the statue of limitation.

So...is this a criminal prosecution in which you are the defendant? Or is it a civil lawsuit?Civil

Civil court

Can you do a Request for Admissions, asking the plaintiff if the statement in the police report was correct?
 
I have asked and they said they are not allowed to give advice.

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 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?

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.
 
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 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?
 
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?


I don't know what you can do, as I've already told you what I'd do.
 
I have a son who was 13 years old at the time of the accusation. He witnessed the husband telling my wife that we could cut down several trees. Can he be a witness at the hearing even though he is under 18 years old?
 
Can you do a Request for Admissions, asking the plaintiff if the statement in the police report was correct?

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.

Thank you for your advice. I will look how to do a summons.

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.

I have a son who was 13 years old at the time of the accusation. He witnessed the husband telling my wife that we could cut down several trees. Can he be a witness at the hearing even though he is under 18 years old?

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?
 
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.
 
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.

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).
 
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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