Finding Evidence - Part Two ...www.Jurisdictionary.com
[This is mostly advertising, but I think it's worthwhile because it's also educational. - Luck]
Perhaps your most powerful tool for finding evidence is the Request for Admissions. It's as simple as it sounds. A request for admissions is simply a list of facts or the application of law to facts that you serve on your opponent and which he is required to answer on the public record within a set amount of time or have all those things treated as if they were admitted!
There's a lot more to it than I can tell in a single Tips & Tactics, of course, so order my amazingly popular, case-winning, 4-CD, affordable, step-by-step, 24-hour official Jurisdictionary "How to Win in Court" course everyone is talking about and start winning today!
Requests for Admissions are POWERFUL! If you know how to use them properly, that is. Both plaintiffs and defendants can use them to force their opponent to ADMIT the truth of facts stated in the request or the genuineness of documents attached to the request. If your opponent fails to respond to your requests for admissions before the deadline, you can move the court for an order deeming everything admitted for all purposes!
Sample forms are in my official "How to Win in Court" self-help course.Learn from Jurisdictionary step-by-step. WARNING: If you receive a request for admissions, do not fail to respond before the deadline! Failure to respond on time can result in the court treating all requested admissions as "admitted for all purposes".
Another good thing about requests for admissions is that they are like leading questions! For example, (Sample forms are in my course.) you can force opponents to admit they don't have the original signed promissory note or mortgage, for example, and they have a certain period of time to respond or face the prospect of having the court enter an order deeming such facts admitted for all purposes.
You can force opponents to admit they lack first-hand knowledge of specific facts alleged in their pleadings. If they admit, you can use a Motion to Strike (sample forms in the course) to knock those allegations out of the case. You can force opponents to admit documents you attach to your request as Exhibits are essentially accurate copies of documents that might be difficult to get into evidence without using your opponents' admissions. (sample forms for this also in the course).
My affordable, official, step-by-step, 24-hour Jurisdictionary "How to Win in Court" self-help course explains so simply people tell us an average 8th grader can do it. That's why the course is so very amazingly popular! Since in federal and many state jurisdictions, the total number of requests for admissions you may use for any particular respondent is limited, use them to find essential evidence.
In many jurisdictions, boiler-plate objections to requests for admissions are not allowed. Your opponents cannot respond, "Objection, overbroad, burdensome, not calculated to lead to admissible evidence, seeks to inquire into attorney-client privilege," etc., etc., etc. They must admit or deny before the deadline! If they fail to respond before the deadline, or if they file some objection, immediately file a "Motion for an Order Deeming Admissions Admitted" and set your motion for hearing!
You are entitled to evidence disclosure! In fact, Rule 26 Federal Rules of Civil Procedure requires such disclosure, as do the state courts. So, don't be hoodwinked by your own lack of knowledge about rules and what they require of opponents. Get my official Jurisdictionary "How to Win in Court" self-help course now, if you don't already have its case-winning power.
And, don't be fooled by the all-too-common objection, "The facts sought are not admissible at trial." They don't have to be admissible at trial! Rules of evidence discovery are different from rules that control at trial.
Rule 26(b) Federal Rules of Civil Procedure provides, "Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense â€” including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons who know of any discoverable matter. For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence." State rules generally follow the federal rule.
What you seek with all five (5) of your discovery tools (explained fully in my affordable Jurisdictionary course with sample forms) is evidence in support of the "ultimate facts" that tend to prove the allegations of your position and disprove those of your opponent ... nothing more, please!
Don't let lawyers trick you! You have an unquestioned right to find evidence that tends to prove the facts you alleged in your pleadings and disprove the facts alleged in your opponent's pleadings. Everything else is a waste of time! Evidence + Legal Authority = Victory in Court! If you can't find evidence, you lose!Finding Evidence - Part Three ...
In the past two Tips & Tactics I touched on how to use "Interrogatories" and "Requests for Admissions" to get evidence into the court's record. In this Tips & Tactics I give you a few preliminary tips on how to use another of your 5 discovery tools - Requests for Production. Of course you'll find sample forms and more in-depth how-to in my affordable, official 24-hour step-by-step Jurisdictionary "How to Win in Court" self-help course everyone is talking about.
Requests for Production are just what the name says. They are documents commanding your opponent to produce documents and tangible things for your inspection and copying! Finding evidence was never easier! If you know how to use requests for production wisely to get around your opponents' objections. Both plaintiffs and defendants can use requests for production at any time after the plaintiff's initial Complaint is served.
Even though they are called "requests", you can to force your opponent to produce all documents and things "reasonably calculated to lead to discovery of admissible evidence". The documents and things themselves need not be "admissible evidence".
This is a key point you must understand about using your 5 discovery tools to find evidence. Unlike the rules at trial, during the pre-trial discovery phase of a lawsuit, facts sought need not be admissible at trial so long as they are reasonably likely to lead to the discovery of evidence that will be admissible at trial. Lawyers will try to "hide the ball". Don't let them. Learn how to use the rules with my affordable, official 24-hour step-by-step Jurisdictionary "How to Win in Court" self-help course. Protect yourself from the crooked, deceitful games many lawyers play!
The most common use of requests for production is to force opponents to let you examine documents, but if the facts of your case are such that you need to examine your opponent's toothbrush, and that examination is "reasonably calculated to lead to the discovery of admissible evidence", you can require your opponent to let you examine his toothbrush ... or an airplane engine or the medical instruments used to perform surgery on your knee!
Most commonly what you seek to examine are documents:
Credit card charge slips signed by you,
Lawyers will put up every roadblock they can think of to keep you from "discovering" documents and things that will give you victory in your case. They'll object. They'll drag their feet. They'll put everything you want in one big bankers box and leave you to sort through it all to find what you need. They'll claim you shouldn't be allowed to see certain things on the ground they are "trade secrets" or protected by attorney-client privilege. Since 1986 when I started practice as an attorney licensed in state and federal courts, I've seen such objections time and time again in all their nasty, deceitful, and treacherously creative forms.
Time and time again I got what I wanted from the other side! You can, too, when you know what my course makes so easy "An 8th grader can do it!"Learn from Jurisdictionary step-by-step For example, if you serve your opponent with a request for production of their banking records, and they respond with their standard baloney ("objection, overbroad, unduly burdensome, not likely to lead to admissible evidence"), it is 100% certain there's a reason why they don't want you to see those records.
My course shows you how to draft your requests in an effective way (with sample forms), how to draft and file a Motion to Compel Production (with sample forms) if they don't produce, and how to force the judge to order them to produce! If you don't yet know how to do these things, you might as well give up the fight now.
You cannot win until you know how to use your 5 pre-trial discovery tools! My my affordable, official 24-hour step-by-step Jurisdictionary "How to Win in Court" self-help course makes it so easy "An 8th grader can do it".