How to add evidence to a hearing

Which begs the question why any statute of limitations would be extended for trespassing. Makes no sense.

 

I've heard people say that with some property in remote areas, one might not immediately know others are trespassing.

My property professor from my law school days often remarked about property laws being archaic.

According to her most of today's existing real property law was codified during the great western expansion of the 19th century.

I've often thought she was onto something in her analysis.

 

I would not pass up an opportunity to reply if given the chance. Just keep it brief. You have more time to organize and clearly and concisely express yourself in writing than you do when in the courtroom.

How to title a summary of evidence? "Summary of Evidence" sounds good to me.

 

Anything you submit to the court should also be delivered to the other party.

You have a big task on your hands by handling this yourself, but it is not impossible. Good luck with it.

 

a. It is likely far too late for anyone to raise a legitimate trespass complaint. Since trespass is a criminal offense the plaintiff would have to initiate a crime report with law enforcement and the local prosecutor would have to decide to proceed. That won't happen. I only made a brief look but did not see any civil offense for trespass that might apply.

b. Further damages would be penalties for other related or included offenses. If you had already paid a fine or were otherwise penalized for a particular offense it would not preclude the injured party from seeking damages for the other offenses. This is not something that appears to be relevant to your situation as there was a single act that hinges on the same question regarding permission.

c. How exactly has the plaintiff "added trespassing"? I doubt the statute of limitations on trespassing is six years anyway. That is very long for such a minor offense. Yes, if the filing for the tree issue was late then it can not be resurrected by some other offense that might have a longer statute of limitations. I would be surprised if the time to bring a trespass offense is more than one year.

 

Ok I looked a little deeper and now see the 6 years.

Section 6-5-262 Trespass - Generally.
Section 6-5-262
Trespass - Generally.
Any abuse of or damage done to the personal property of another unlawfully is a trespass for which damages may be recovered.


Apparently there is a six year limit for trespassing, HOWEVER, I don't believe you have a matter of trespass since you claim to have had permission to be on the property. You will want to stress that you had permission and that it was confirmed by the police officer when the initial complaint was made.
A complaint of trespass seems very weak here and unlikely to be successful, partly because it references damage to personal property. The trees and the rest of the land should be considered real property, not personal property.
The other statute that specifically address the trees seems more relevant to the issue.

Just my opinion.

 

Perfect, but hopefully not needed.

 

No, that could be very helpful for you.

You should have a copy of the police report for yourself, the judge, opposing counsel, the witness, and an extra one just in case its required!

 

Real property = real estate (ranch, farm land, pasture, vacant lot, or a home, even a mansion)

Personal property is everything else (car, shotgun, underwear, toys, mobile devices, telephone, dog, cat, buffalo, lion, tiger, etc...)

 

In Texas each county has (or tries to have) pro bono legal services for veterans.

A county near me, Bell County, is having a walk-in legal clinic for veterans on 27 April.
I participate in as many as I can, and I'll be helping at that one, too.

You can start by asking the county veterans agency in Alabama, if you have one.

You can also ask most veterans organizations for information about pro bono legal services for vets, ie, VFW, DAV, American Legion, etc...