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How to add evidence to a hearing

Discussion in 'Civil Court, Procedure & Litigation' started by boomer613, Apr 10, 2018.

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  1. Apr 12, 2018 #81
    army judge

    army judge Super Moderator

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    army judge, Apr 12, 2018
    army judge, Apr 12, 2018
    #81
  2. Apr 13, 2018 #82
    boomer613

    boomer613 Law Topic Starter Member

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    Thank you Army Judge. I found them both on the first link you provided:
    https://dictionary.thelaw.com/real-property/
    https://dictionary.thelaw.com/personal-property/
     
    Last edited: Apr 13, 2018
    boomer613, Apr 13, 2018
    boomer613, Apr 13, 2018
    #82
  3. Apr 13, 2018 #83
    boomer613

    boomer613 Law Topic Starter Member

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    I have never been to court, neither criminal or civil. I have read up on the trial proceeding but I am unsure what to expect for a hearing. Will there be an opening statement and closing statement for each party? Does the police officer and my two sons be called to the witness stand or will they just stand next to me? I have ordered a book off Amazon for civil suits and will be studying it soon. When I think of a hearing, I picture a venue similar to judge Judy and her small claims court in which she controls the flow of the trial.
     
    boomer613, Apr 13, 2018
    boomer613, Apr 13, 2018
    #83
  4. Apr 13, 2018 #84
    boomer613

    boomer613 Law Topic Starter Member

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    I might have missed a step in my pro se proceedings. In the guide, http://www.nced.uscourts.gov/pdfs/proseGuide.pdf, it states on page 14:

    "When you file your answer or responsive motion, you must also file a financial disclosure statement and a notice of self-representation. See Federal Rule of Civil Procedure 7.1 and Local Civil Rules 5.2 and 7.3. "

    In the Plaintiff's complaint, I have denied all allegations, but I did not give a notice of self-representation nor did I give a financial disclosure (not exactly sure what this entails). Can I still do this or is it too late? I did put my name and wife name in the Caption, signed and certified the bottom of the answer complaint and Motion to Dismiss. I have also sent a copy to the plaintiff's attorney.

    Just a note, I did not see this as requirement (announcing pro se) when I read the pro se guide for Alabama: http://www.alnd.uscourts.gov/sites/alnd/files/Pro se Guide.pdf.
     
    boomer613, Apr 13, 2018
    boomer613, Apr 13, 2018
    #84
  5. Apr 13, 2018 #85
    boomer613

    boomer613 Law Topic Starter Member

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    MightyMoose, I just reviewed the Plaintiff's rebuttal to Motion to Dismiss. The Attorney used Alabama Code Section 6-2-34 (2). He states, "This action is grounded in trespass to real property and is governed by Section 6-2-34 (2) of the Code of Alabama, 1975 which allows such action to be bought within six(6) years of the conduct constituting the tort of trespass." It appears that he is making claim the trespassing is base on REAL property. Here is the link: 2017 Code of Alabama :: Title 6 - CIVIL PRACTICE. :: Chapter 2 - LIMITATION OF ACTIONS. :: Article 2 - Time Provisions. :: Section 6-2-34 - Commencement of actions - Six years.

    (2) Actions for any trespass to real or personal property;
     
    boomer613, Apr 13, 2018
    boomer613, Apr 13, 2018
    #85
  6. Apr 13, 2018 #86
    mightymoose

    mightymoose Moderator

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    Yes, I looked into it yesterday and saw the 6 year limit, but I still wouldn't be concerned about it.
    If you had permission to be on the property to take down the trees then trespass is not an issue. You have a police report from the time of the incident that indicates permission was given, and a police officer willing to testify to the accuracy and truth of that report. I suspect the trespass claim is dead in the water for that and other reasons.
    The six year limit on trespass does NOT extend the one year limit to bring a claim regarding the cut trees. The trespass complaint may allow them to argue you were unlawfully present on the property, but it seems you have enough to defeat that.
    If you stress the content of the report and that the officer, a neutral party to the matter, will testify to the truth of that report, you may have some luck with your motion.
    The one statute of limitations has expired, and the other seems totally irrelevant. Show the court that the trespass complaint is unlikely to succeed and the whole thing may disappear.

    Keep it simple, and brief.
     
    mightymoose, Apr 13, 2018
    mightymoose, Apr 13, 2018
    #86
  7. Apr 13, 2018 #87
    boomer613

    boomer613 Law Topic Starter Member

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    Thank you MightMoose. I guess, there is no point to even try to dispute the Plaintiff right to add on Trespassing, rather I should focus on gathering documentary and witness testimony to prove that I did not Trespass. This makes me wonder why the lawsuit is against me and my wife. She had no part in cutting down the trees. She only asked for permission if we could cut them down. She never entered the property nor did she do any chainsawing.
     
    boomer613, Apr 13, 2018
    boomer613, Apr 13, 2018
    #87
  8. Apr 13, 2018 #88
    mightymoose

    mightymoose Moderator

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    For now focus on your motion to dismiss. Your hearing on that motion is not the time and place to present witnesses or evidence.
    It will be short.
    If you have explained yourself well in your written responses there should be little to explain in court.
    I suspect, just by the nature of your comments here, that you will likely go off on a tangent with your responses. Keep your focus on the matter being discussed at the hearing.
    You want to dismiss. Explain why. (statute of limitations)
    The plaintiff disputes your reason for dismissal. Explain why they are wrong. (Documented evidence of permission that will be supported by testimony of police officer).
    That's it.
     
    mightymoose, Apr 13, 2018
    mightymoose, Apr 13, 2018
    #88
  9. Apr 13, 2018 #89
    army judge

    army judge Super Moderator

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    You'll have four witnesses, as I recall, two sons, the cop, and your spouse -the adult.
     
    army judge, Apr 13, 2018
    army judge, Apr 13, 2018
    #89
  10. Apr 13, 2018 #90
    boomer613

    boomer613 Law Topic Starter Member

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    Yes. Which in all more the reason not to be worried. I am just a little nervous on how to present a full proof case before the hearing. Is there an opening statement and closing statement for these type of hearings?
     
    boomer613, Apr 13, 2018
    boomer613, Apr 13, 2018
    #90
  11. Apr 13, 2018 #91
    army judge

    army judge Super Moderator

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    No, follow the judges' lead.

    Mighty Moose has instructed you well.
     
    army judge, Apr 13, 2018
    army judge, Apr 13, 2018
    #91
  12. Apr 13, 2018 #92
    mightymoose

    mightymoose Moderator

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    No. You are way too far ahead.

    You have a motion to dismiss. That is all that will be discussed. It will not go into great detail.
    It is your motion. You will be offered opportunity to explain why the matter should be dismissed. Simply restate, briefly, what you have already stated in your motion and reply.
    If the judge has a question then answer it.
    Same will then apply to the other side.
    You may get a decision on the spot and you may have to wait a week or so for it.
    It will be over in minutes. The judge is not going to let you go on and on about things not related to the motion to dismiss.
     
    mightymoose, Apr 13, 2018
    mightymoose, Apr 13, 2018
    #92
  13. Apr 13, 2018 #93
    boomer613

    boomer613 Law Topic Starter Member

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    Thank you. I will come up with a plan to make it short and concise, focusing only on the confines of the Motion to Dismiss rather than trying to prove the entire case. I am guessing at some point the judge will ask me for my witnesses (wife, 2 sons and the reporting police officer).
     
    boomer613, Apr 13, 2018
    boomer613, Apr 13, 2018
    #93
  14. Apr 13, 2018 #94
    boomer613

    boomer613 Law Topic Starter Member

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    I am confused on your statement, "Your hearing on that motion is not the time and place to present witnesses or evidence." Are you saying I should not have the reporting officer, my wife and 2 sons testify that we got permission from the husband?
     
    boomer613, Apr 13, 2018
    boomer613, Apr 13, 2018
    #94
  15. Apr 13, 2018 #95
    mightymoose

    mightymoose Moderator

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    I am saying the hearing is not the time and place for them to come and testify. IT IS the time and place for you to state your INTENT to bring them to to testify to prove you had permission and there was no trespass. You can do that in a few short words without trying to explain the entire case.
     
    mightymoose, Apr 13, 2018
    mightymoose, Apr 13, 2018
    #95
  16. Apr 13, 2018 #96
    boomer613

    boomer613 Law Topic Starter Member

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    What about the Police Officer? Should he or not be at the hearing to back up the police report?
     
    boomer613, Apr 13, 2018
    boomer613, Apr 13, 2018
    #96
  17. Apr 13, 2018 #97
    mightymoose

    mightymoose Moderator

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    That has been answered several times. I don't know what else to tell you other than to hire legal counsel if you are overwhelmed by this.
     
    mightymoose, Apr 13, 2018
    mightymoose, Apr 13, 2018
    #97
  18. Apr 13, 2018 #98
    boomer613

    boomer613 Law Topic Starter Member

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    Okay - I had to reread all the posting. I think I will following this above quoted advice from you. Tell my intention to call the officer to testify on the content of the report but not subpoena him to the hearing. Sorry for all the confusion. Yes, I feel overwhelmed but that only because I have just started getting my feet wet in this mess. It will pass. Thanks again for your help. It is much appreciated!
     
    boomer613, Apr 13, 2018
    boomer613, Apr 13, 2018
    #98
  19. Apr 13, 2018 #99
    army judge

    army judge Super Moderator

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    My guess, you'll acquit yourself well.

    In about two months this matter will end in your favor.
     
    army judge, Apr 13, 2018
    army judge, Apr 13, 2018
    #99
  20. Apr 13, 2018 #100
    boomer613

    boomer613 Law Topic Starter Member

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    Thank you Army Judge your words are much appreciated!
     
    boomer613, Apr 13, 2018
    boomer613, Apr 13, 2018
    #100
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