How to add evidence to a hearing

army judge said:
Our site's founder was, among many things, a Law Professor.

He has created a great law dictionary right here:

Law Dictionary & Black's Law Dictionary, 2nd Ed. • The Law Dictionary

This is another excellent online law dictionary, based on Black's Law:

Black's Law Dictionary - Free Online Legal Dictionary
Click to expand...
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:
boomer613 said:
Thanks for answering all my questions. I just got off the phone with the reporting police officer. He remembered coming out to the both farms, meeting me and the plaintiff. He however, could not recall exactly what was said since it has been over 2 years ago, but he said he would have no problem coming to the hearing for us and testify that if he wrote it in the police report that is what happened. I told him I would subpoena him so he could get paid. He said that would be great and to insure he would come. Any thought on this?
Click to expand...
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.
 
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.
 
mightymoose said:
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.
Click to expand...
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;
 
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 said:
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.
Click to expand...
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.
 
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.
 
boomer613 said:
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.
Click to expand...


You'll have four witnesses, as I recall, two sons, the cop, and your spouse -the adult.
 
army judge said:
You'll have four witnesses, as I recall, two sons, the cop, and your spouse -the adult.
Click to expand...
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 said:
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?
Click to expand...


No, follow the judges' lead.

Mighty Moose has instructed you well.
 
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 said:
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.
Click to expand...
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).
 
mightymoose said:
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.
Click to expand...
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 said:
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?
Click to expand...

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 said:
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.
Click to expand...
What about the Police Officer? Should he or not be at the hearing to back up the police report?
 
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 said:
The report may be inadmissible, however at the hearing you can state your intent to call the officer to testify about the content of the report. If the judge feels the complaint is unlikely to be successful he may side with you and dismiss.
Click to expand...
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 said:
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!
Click to expand...

My guess, you'll acquit yourself well.

In about two months this matter will end in your favor.
 

Share this page

Get a free case review from a lawyer
Back
Top