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How do you go about throwing out some B.S. letter as evidence?

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  • How do you go about throwing out some B.S. letter as evidence?

    Hi All,

    How do you go about throwing out some evidence a letter stating "that in my experience" The person is not an expert and the other side is not including them as an expert whitness. There is absolutely nothing that backs up this letter, no documentation etc. My evaluator has done market research that show that this letter is out of line with reality.

    I'm self repping and the trial is in two weeks.
    What do I do?
    try to get it thown out at before the trial? At the trial? Ask the other side for backup documentation?

    help.
    thanks,
    CD

  • #2
    Originally posted by CycleDad View Post
    Hi All,

    How do you go about throwing out some evidence a letter stating "that in my experience" The person is not an expert and the other side is not including them as an expert whitness. There is absolutely nothing that backs up this letter, no documentation etc. My evaluator has done market research that show that this letter is out of line with reality.

    I'm self repping and the trial is in two weeks.
    What do I do?
    try to get it thown out at before the trial? At the trial? Ask the other side for backup documentation?

    help.
    thanks,
    CD
    1. Letters are not valid evidence as you cannot cross examine the information provided.

    2. Just point this very easy point out to discredit it.

    3. Ask that the information be sworn to an affidavit by the author and for the person to be called for examination.

    Good Luck!
    Tayken

    Comment


    • #3
      Hi Tayken,

      This may be the silly question of the day but please bear with me:
      Should I do it now or wait till the trial when we are doing the admit evidence thing?
      Also this is not being entered directly as evidence (the valuation it is based on is.) Does that change anything?

      thanks
      CD

      Comment


      • #4
        you don't 'throw things out'.
        you 'discredit' the evidence.

        I would do it at trail.
        Why tip your hand before?

        Comment


        • #5
          Also this is not being entered directly as evidence (the valuation it is based on is.
          They'd have to show evidence on the valuation, so I assume this is being entered as an exhibit somehow to support the valuation being argued. If YOU have a credible evaluator, then your evidence would trump theirs I would expect.

          You discredit simply by pointing out the flaw, that this person is not certified, and that the "certified" evaluator shows the actual value as X.

          As has been mentioned, you do this at trial, let them submit flimsy valuation they can't back up, and then tear it apart at trial. Why give them time to find "credible" backing.

          Remember, in court, he with the best evidence wins.

          Comment


          • #6
            Originally posted by NBDad View Post
            They'd have to show evidence on the valuation, so I assume this is being entered as an exhibit somehow to support the valuation being argued. If YOU have a credible evaluator, then your evidence would trump theirs I would expect.

            You discredit simply by pointing out the flaw, that this person is not certified, and that the "certified" evaluator shows the actual value as X.

            As has been mentioned, you do this at trial, let them submit flimsy valuation they can't back up, and then tear it apart at trial. Why give them time to find "credible" backing.

            Remember, in court, he with the best evidence wins.
            Also, your evaluator should be certified and should be presenting evidence in Affidavit Format with attached schedules and a description of how they arrived at the evaluation. If all you have is a report but, no supporting statement then well... Its just paper with an opinion.

            If both evaluators are certified then, there shouldn't be a 6% difference. If there is someone screwed up and the judge will want affidavits from both experts generally.

            Good Luck!
            Tayken

            Comment

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