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Re: 3-13-2003 post-being sued after sol. Whats this


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Posted by lawguy (68.119.155.69) on March 13, 2003 at 20:44:35:

In Reply to: Re: 3-13-2003 post-being sued after sol. Whats this posted by Jeff on March 13, 2003 at 18:09:59:

Furthermore, the plaintiff still must prove his own case.

He will have to prove facts by a "preponderance of the evidence" such that he is entitled to judgment in his favor. He will have to prove that the defendant is obligated to him, on whatever basis that might be, and he must prove the amount of that obligation within a "reasonable degree of certainty."

Yes, the plaintiff may simple take the witness stand and say that the defendant owes him money, so long as the testimony is permitted by the rules of evidence, i.e. the plaintiff has direct knowledge of the facts testified to, the testimony is relevant, etc... The defendant would have a right to cross examine the plaintiff, and would have a right to offer his own evidence, testimony, documentary or otherwise, contrary to the plaintiffs assertion.

The trier of fact, whether judge or jury, will weigh the evidence presented and determine whether the plaintiff has proved his claim by a preponderance of the evidence.



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