Subpeonas, Discrediting Witnesses and a few other Questions.

[RJolly]

Hello,
I have a trial in the small claims court in a few month's time.
The original trial was delayed at the last minute.
I was sent copies of the documents that the defense is submitting as evidence and these included subpeonas issued by the defendent's attorney.

Firstly, I am wondering why they would send me the subpoenas? To show they mean business? I was aware that we are supposed to exchange documents but didn't think I need to tell them who I have subpoenaed?


One of the defence witnesses has been in court a number of times this year. He is being sued by a health club, a credit card company and also has just got his second DUI.
Does this represent a drink problem so could I discredit his observations on this basis?

Also the defendent got a DUI roughly 8 years ago, at a similar time to this witness. There is a chance that they are/were in a relationship, and are/were drinking buddies. I'm guessing that it would seem petty to bring up the defendant's record and perhaps I'm not even allowed to?

I only searched court cases in a couple of nearby districts to get this info. I find that many courts don't seem to offer this info online for free. Is there an easy/cheap way to search all US records, or at least Illinois records?

Thank you in advance for any replies.

 

[mightymoose]

There are companies on the Internet that provide nationwide searches for information regarding individuals that you name. You could also hire a local private investigator who would know how to access the same information, but could give you a little more personal service rather than just a webpage return.

You didn't say what your current suit is regarding. How does a DUI and other legal issues discredit the witness in your particular case?

What did the subpoenas that were sent to you request? Certain documents?

There should be no surprises to either party when you go to court... don't think that you can conceal your master plan and spring it on them in court. It doesn't work quite like that.

Here in California attorneys are not allowed in small claims... it works much better that way for us 'average' folks

 

[RJolly]

Thank you for the reply.
This is a landlord/tenant case. The landlady withheld funds from me when I left the property and when I sued her, she made up a story that I had damaged the house.
On the subpeona the witness is required to bring any contracts /receipts /paperwork relating to the property so I am assuming he either worked on the property after I left or supplied an estimate/quote. I think there is the possibility that he has a relationship with the landlady outside of work.
Making another assumption, he will be there to say what a terrible state the property was in. My question is whether I can discredit him on the basis that he has a drink problem. Was he sober when he made the judgement that the place was in bad shape?
Does it not reflect badly on his character that he is the defendant in 3 seperate cases in the local court this year?

I am not planning on springing any major surprises on the defence when I turn up at court, but it seems that it is prudent to reveal only what is necessary. I have a couple of witnesses myself. If they have done any preparation they must know who one is. The other will be surprise but just confirms part of my case and does not introduce any original evidence.
Am I required to inform the Defense who my witnesses are? & if not, can they find out from the court clerk who I have subpoenaed?

 

[mightymoose]

If you don't try to make an issue of the alcohol you will likely look a lot better as far as this case is concerned.
When you move out you should always take pictures of the residence one all of your property is out. That way you are able to easily dispute claims of damage and show evidence of the condition the property was left in.
If you don't have photos the landlord might.

When you meet for your small claims hearing you will likely be instructed to meet with each other and exchange papers. That way each of you can review each other's position and be prepared to speak with the judge. There shouldn't be any surprises of any kind by the time you get in there.

 

[tpajet]

His being an alcoholic as well as being a defendant in other cases is not going to help you here. The health club and credit card suits simply mean he didn't pay his bills to them and they are in the end of the collections process, which is suing him to get a judgment. If he did do work for the landlord, it has nothing to do with you. Keep in mind too he is only being sued. The case has not been proven either way.

Think of it like this. If you got arrested, but had not gone to trial yet, and you were asked on a job application if you had ever been convicted of a crime, you could truthfully answer no, since you had not been prosecuted yet. But regardless, it has nothing to do with your situation.

The DUI is going to be the same thing. It has nothing to do with your case. You would have to prove that he was drunk at the time he did the work or made the observations and that being drunk caused the problem. Since you have not proof of this, it will be of no use to you. It also doesn't matter if they were in a relationship or drinking buddies at some point. It's no different than my parents who have had many rental properties over the years. If my father found something wrong with the house, it would not be a disqualifying thing if my mother then dealt with the tenant.

What you are trying to do is presuming he had to be drunk at the time of inspection just because he got drunk behind the wheel some time recently. That will never fly in court.

You are taking the wrong approach to this whole thing. Your suit is based on the fact that she failed to pay you money owed. You need to prove that you are due the money. At the same time she is going to have to prove that you damaged the house. And she may win. You have to ask yourself what actual proof do you have that you absolutely did not damage the property. She can take pictures of the house with damage and submit that as evidence.

 

[RJolly]

Thank you very much for the replies. My case is solid, I just wanted to know how to deal with my opponent's witnesses.
I understand the advice given me is not to discredit the defendent and witnesses and just let them have their say.

Can someone answer me this specific question. Do I have to inform the defendent who my witnesses will be in court? The judge has ordered that we exchange documents a week before the trial. I had made the assumption that any subpoenas that I issue would not be one of those documents.