In this article, Dr. Frederick David Graves, JD starts the process of explaining how and what Evidence is. Now it can get tricky, as not all evidence is admissible – so your case can be lost at trial simply because what you have to prove you as right can’t be entered into the court records. Of course, this also swings both ways. So let’s dive into this first lesson on what Evidence is and how to find it…
Evidence is the "stuff" you need to prove your case.
But, how do you find it?
That's the fun part!
In this mid-week Tips & Tactics I give you a few tips how to use interrogatories to find evidence to win your case. There's a lot more to it than I can tell you in a few Tips & Tactics, of course, so get the complete picture with my case-winning, affordable, amazingly popular, 4-CD, step-by-step, 24-hour official Jurisdictionary course that everyone is talking about!
Interrogatories are simply written questions that your opponent must answer under oath!
USE THEM WISELY!
USE THEM SPARINGLY!
THEY ARE POWERFUL TOOLS TO FIND EVIDENCE!
But, you only have a limited number to use.
Rule 33 Federal Rules of Civil Procedure states, "Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts."
State rules may allow more or less, but most courts put some limit on the number of interrogatories you can use.
So, use them sparingly and wisely - but USE them!
The first interrogatory I serve on opponents reads like this, "Identify all persons having first-hand knowledge of any material fact alleged in the pleadings of this case and, with regard to each such person, state what they know about each such fact and how they came to know it."
The other side will have a fit!
They will respond, "Objection, overbroad, burdensome, not calculated to lead to admissible evidence, seeks to inquire into attorney-client privilege," etc., etc., etc.
Immediately file a "Motion for Better Answers to Interrogatories" and set your motion for hearing!
You are entitled to evidence disclosure! In fact, Rule 26 Federal Rules of Civil Procedure requires such disclosure, as do the state courts. So, don't be hoodwinked by your own lack of knowledge about rules and what they require of opponents.
And, don't be fooled by the all-too-common objection, "The facts sought are not admissible at trial."
They don't have to be admissible at trial!
Rules of evidence discovery are different from rules that control at trial.
Rule 26(b) Federal Rules of Civil Procedure provides, "Parties may obtain discovery regarding any non-privileged matter that is relevant to any party's claim or defense -- including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons who know of any discoverable matter. For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence."
State rules generally follow the federal rule.
What you seek with interrogatories (and all your other five discovery tools I explain fully in my case-winning, affordable, amazingly popular, 4-CD, step-by-step, 24-hour official Jurisdictionary course that everyone is talking about) need not be admissible at trial, so long as the facts you seek are "reasonably calculated to lead to the discovery of admissible evidence".
Don't let lawyers trick you!
You have an unquestioned right to find evidence that will help you prove your case.
Evidence + Legal Authority = Victory in Court!
If you don't know how to find evidence, you lose!
Learning how is easy with my affordable, case-winning, official Jurisdictionary step-by-step, 24-hour course. If you don't already have my course, NOW is the time to order and start learning how to avoid legal trickery so you can win your case and overcome your opponent using the official rules ... instead of internet legal mythology!
You cannot win if you don't know how to find evidence and get it into the record using your five discovery tools.
Clever argument is not enough.
Those who haven't yet learned how to find evidence go to court with the idea they "already have all the evidence they need". I hear this over and over again. People think because they have a copy of a document or photograph or audio recording that they're sure to win. Then, when they get to trial (when it's too late to do any more discovery) they "discover" all the stuff they thought was "evidence" is inadmissible at trial!
Why lose when it's so easy to learn how to win?
Everyone is talking about Jurisdictionary. People tell their friends. People promote it on their websites and in their emails.
Why?
Because my popular Jurisdictionary course works!
That's why!
Don't be left holding an empty evidence bag!
Your decision to win is your decision to learn how!
Winning lawyers know how to find evidence!
My 25 years of experience as a case-winning lawyer licensed in state and federal courts has shown me this.
Evidence wins lawsuits - not Constitutional arguments.
My Jurisdictionary course will show you much more about how to effectively use interrogatories and all your five discovery tools to get case-winning evidence into the record and force your opponent to cooperate!
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