had mediation today- UNREAL

Gang,

Just a reminder;


Don't forget what it is that constitutes an affidavit. I'd HATE to see you all have to redo them because they're deficient.

Insert the following at the bottom of your statements.


This is what makes your notarized doc. a legal affidavit;


I declare under the penalty of perjury that the information provided herein is true and correct to the best of my knowledge and belief.

Sworn to before me and subscribed by [ your name ], in my presence
this ______ day of _________, 2002


___________________
Notary Public

 

If you are under oath, and lie, it is considered purjury. As far as having to pay mileage for someone to appear in court...why bother with having them appear? You can depose them where they are. It would take money as you have to hire the court reporter and unless you want to go there, an attorney to handle the deposition, but my guess is it would be cheaper that way.

L

 

Here are some details about small claims court here in Florida. This is a mix of my own knowledge along with the basics you are allowed in court.

-Clerk's Office personnel will often provide you with the forms you need if you tell them what you are trying to do.

-If you are attempting to prove something about the defendant, original copies of a document are required. Secondary witnesses to an act/action (who will most likely fall under different circumstances that you did) or documents that are not yours will be unacceptable in court UNLESS those individuals give a sworn statement to an officer of the court. They need not be in your district or state. Their oath, with will be verified by the clerk/deputy clerk, will allow them to be cross examined by the defendant. They must be willing to provide their complete name, address, and phone number along with other personal information so the court can arrange for a cross examination by the defendants.

-Providing reliable witnesses to back up your claims against the defendant can be very helpful in court. The more evidence you provide concerning the misdeeds of the defendant, the stronger your case is. Judges look at evidence and will more or less disregard emotion.

-Perjury cannot be used to throw out a case simply because the defendant lied at one or more points. I think this is one of the most misunderstood facts of U.S. law!! The judge's decision will rest on whether those perjurous statements form a substantial core of the defendant's case. If the perjury was not a substantial core of the defendant's (rebuttal to your) case, the judge will throw out those statements and make a note of perjury by the defendant. It can become such a small insignficance that the judge will not care at the time the verdict is being decided. The facts will override the perjury.

-Anyone can ask for a continuance; your mileage with the court will vary depending on how good of a document you draft to the judge. If you state the fact you are doing such a case for the first time, along with the fact that the defendant is not readily supplying you with names of company personnel which you need to subpoena, you may be able to get a good continuance. Implying a hinderance by the defendant could very well work. Not a guarantee though. Three months is an acceptable amount of time but the maximum you will likely ever get. Asking for a 30 day continuance followed by another 30 day continuance as the case becomes complex is seen as fair by many courts.

-If you are the defendant or plantiff in a court action, you have the right to conduct discovery. The defendant must hand over any information they intend to use in court, whether they will use it or not is yet to be seen. Very often, statements or documents used in a court case could have been supressed if one side or the other had conducted discovery. Once someone has seen the ammunition the other side will use, they can put it under enough scrutiny that the other side decides not to use it in court. Evidence as well as witnesses can be cross-examined to prove it is either admissible or inadmissible in court.


And the golden rule of law....it never hurts to know how the judge thinks. If you have the time, sit in on a case similar to yours and see how the judge responds in court.