Wednesday, May 23, 2018

Finding Evidence. Part One..

Evidence is the "stuff" you need to prove your case.
But, how do you find it?
That's the fun part!

In this Tips & Tactics I give you a few ideas on how to use interrogatories to find evidence. You'll learn much more with my affordable, official, step-by-step 24-hour Jurisdictionary "How to Win in Court" self-help course everyone is talking about!
Actually, Interrogatories are nothing more than written questions that must be answered in writing and under oath! That's all they are. You'll find forms for them in my course.

  • The main thing to remember is you are limited to a certain number.
Jurisdictions differ on the total number of written questions you can serve. Once you've used your limit for a particular respondent, you may not be allowed to use any more for that same respondent. You may move the court for an order granting you permission to use more, however there is no certainty you'll get such an order. So, use them wisely and sparingly.

Rule 33 Federal Rules of Civil Procedure states, "Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts." Individual state rules may allow more or less, but most courts put a fixed limit on the number of interrogatories you can use without obtaining a special court order that is difficult to get except in very special circumstances..

The first interrogatory I serve on opponents reads, "Identify all persons having first-hand knowledge of any material fact alleged in the pleadings of this case and, with regard to each such person, state what they know about each such fact and how they came to know it."

  • The other side will have a fit!Learn from Jurisdictionary step-by-step
They will frequently respond, "Objection, overbroad, unduly burdensome, not calculated to lead to admissible evidence, seeks to inquire into attorney-client privilege," etc., etc., etc.

  • If you get one of these boiler-plate responses, immediately file a "Motion for Better Answers to Interrogatories" 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 rules of ever state court. Don't be hoodwinked by your lack of knowledge about rules and what they require of your opponents.

And, don't be fooled by the all-too-common objection, "The facts sought are not admissible at trial." Facts sought during discovery (i.e., before trial) do not have to be admissible at trial. 

Rules of evidence for discovery requests like interrogatories are different from rules that control evidence at trial. Don't ever forget this. Lawyers may try to trick you by claiming what you seek is inadmissible. Doesn't matter! If it is "reasonably calculated to lead to the discovery of admissible evidence" it is fair game!

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 รข€” 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.

  • Don't be left holding an empty evidence bag!
How to use interrogatories (and your other powerful evidence-finding discovery tools) is explained in my case-winning, affordable, amazingly popular, 4-CD, step-by-step, 24-hour official Jurisdictionary "How to Win in Court" self-help course everyone is talking about.

  • Don't let lawyers trick you!
You have an unchallengeable right to find the evidence you need to prove your case.

Evidence + Legal Authority = Victory in Court!

Your children deserve to know " Learn "How To Win In Court"
... and so do YOU!


Related Reading: Going Pro Se. Is it Right for YOU??

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