Re: Court in 2 hours. have last minute questions
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Posted by lawguy
(216.30.212.58) on March 28, 2003 at 11:21:47:
In Reply to: Court in 2 hours. have last minute questions posted by scott on March 28, 2003 at 10:36:01:
Not sure who "she" is. If its the attorney, then normally no, the attorney cannot testify in a trial, whether small claims or real court. If its the representative from the company, then yes. Or if its a private individual who is the opposing party, then absolutely yes. Since the attorney cannot offer testimony, she cannot enter evidence this way either. She can enter evidence only through 1) soliciting testimony through witnesses, or 2) submitting evidence via documents or other tangible items (account statements, depositions, photographs, etc). If the attorney wants to "explain" something and by doing so she submits facts before the court that are not supported by testimony or documents, then you can object on the grounds that "counsel is testifying." She can make legal arguments, but cannot give facts through her own words not otherwise submitted into evidence. Common objections in small claims court: Hearsay - a witness or document relays what another witness or document says, for the purpose of proving that fact as true. (i.e. witness says "John told me that Steve went to the store." Document contains the following statement: "The account statment indicates that payment was made on 1/1/01.") It is not hearsay if it is not an assertion of fact or offered to prove a matter (i.e. witness says "John told me his wife said "Get me some milk. Thats when John and I went to the store.") counsel is leading the witness - only applies to when attorny is asking question of her own witnesses; counsel asks questions that suggest an asnwer ("You locked the door after you got out of the car, didn't you?") witness is not competent to testify to X - a witness (except for an expert witness) can only testify to things within their direct knowledge or observation (i.e. witness says "The police officer pulled me over because I am Japanese." witness has no knowledge of the officers state of mind.) And of course, there is "irrelevant," but you that usually isn't a big deal in a bench trial. Wish I could give you some more stuff, but the rules of evidence are pretty large and complex. But those are some basics and will apply to the things you would see most in small claims court. Oh, btw, perjury is not a basis for an objection. BUT, its an opportunity for you to prove that the witness is lieing!!! I like nothing better for an opposing witness to lie, because it just lets me make them look bad. Good luck!
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