Small Claims - Exchange and Submission of Evidence
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- čas přidán 1. 08. 2024
- Learn all about submitting evidence in Small Claims Court. This video gives you an overview of the process and procedures you need to be aware of before submitting your evidence to the court.
This is truly unbelievable. I filed a small claims case in July with a court date at the end of January. I have served the defendant according to the instructions of the court as of July. I was organizing my evidence and just found out about this new protocol by accident. The court did not advise me of it AT ALL. You’re saying plaintiffs are supposed to send the defendant all their evidence ahead of time, and in my case pay to have defendants re-served on a rush basis to verify receipt of this new standing order, so my evidence can actually be used? Which then allows them to build an entire case around it without them sending me their evidence, and the judge will allow it? I just walk into court blind and they can see everything I have and prepare a rebuttal? Do you not see how wrong this is? It blatantly gives unscrupulous defendants all the leverage in the world to fabricate a story.
Exactly!!
You have to see the flip side. "They" may have LOTS of evidence on you. Would YOU want time to view the information and form a rebuttal? It's possible that no legal system is perfect, but we got a good on if followed correctly. Also, it's not the court's job to advise. That's what attorneys are for; though, they often cost too much. There could have been a court clerk who knew what was going on, but they are ABSOLUTELY forbidden to give any type of advice WHATSOEVER. They could be accused of practicing law without a license. They could risk losing their job if they start trying to advise about the rules of evidence and/or civil procedure.
In San Diego County, it doesn't stipulate that the exchange of evidence must be "served", it simply states "exchanged with the other party at least 10 days prior to [trial]." It does mention "proof of mailing", however. So would signed receipt satisfy the requirement? I'm assuming email would be okay ONLY if they confirmed receipt (good luck). Any suggestions?
At least 10 days before? So how is that calculated? if it's April 13 does that mean by April 3?
On the mailing label from court house what do I fill in the department: section ?
I hate that we plaintiffs have to give over our evidence. I silently protested this when I heard it because now, it gives the defendants enough information to build their case on. How this puts 'plaintiffs' at a huge disadvantage. Mind you, the other party (defendant(s) never sent me any of their evidence which should have played well for me but the defendant's lawyers stepped in and took over. I thought lawyers aren't allowed in Small Claims? Can someone call 'foul'?
This was my first time through this process. I’m slowly learning Small Claims court is a total sham leaning heavily in the favor of defendants. For my court date, after rushing to meet the “exchange of evidence rules” that I discovered on my own (aka the court did not inform me) when it came time, the defendant announced IN COURT that they “had no evidence to exchange” and that’s why they didn’t send me anything. Rather then continue the case the Court Clerk then coached the defendant into delaying the case 3 months “so that they can send me evidence”. I wasted 2 weeks over Christmas and New Year’s organizing, compiling pictures and video to share per the new rules. And the defense shows up with nothing. So he gets an extension? They now have 3 months to look at all my evidence and come up with a counter. Totally unfair, and in my opinion, unlawful behavior.
If you did not get the other side's evidence prior to the hearing, you probably should have objected to it. Watch out when you're pro se and the other side has an attorney. The attorney is in their element. Evey thing is new for you, but it doesn't have to mean automatic defeat.
The new rules for exchange and submission of evidence only applies for appearing remotely?
I don't believe so. It's required any time you want to provide the court with evidence to be reviewed and/or used during the trial.
do we have to send the evidence to the defendant too or only the court?
Both
He win.
How do you submit videos in the mail? Usb?
I asked a court advisor about this. Apparently they don't allow video evidence. You have to submit screenshots of the video.