Getting Evidence - Part Two ...

In this article, Dr. Frederick David Graves, JD describes more of what you need to know about evidence and how to get it admitted. There is some simple logic to this, which is the basis of the Jurisdictionary course – Dr. Graves is an expert at making all this legal mumbo-jumbo make sense. And this is exactly what you need to win your case…

Here are some tips on how to use "Requests for Admissions" to get evidence into the court's record so you can win.

There's a lot more to it than I can tell in a single Tips & Tactics, of course, so order my amazingly popular, case-winning, 4-CD, affordable, step-by-step, 24-hour official Jurisdictionary course everyone is talking about and start winning today!

Requests for Admissions are POWERFUL!

If you know how to use them properly, that is.

Both plaintiffs and defendants can use them to force their opponent to ADMIT the truth of facts stated in the request or the genuineness of documents attached to the request.

If your opponent fails to respond to your requests for admissions before the deadline, you can move the court for an order deeming everything admitted for all purposes!

Warning: If you receive a request for admissions, do not fail to respond before the deadline!

Requests for admissions are like leading questions!

You can force opponents to admit they don't have the original signed promissory note or mortgage, for example, and they have a certain period of time to respond or face the prospect of having the court enter an order deeming such facts admitted for all purposes.

You can force opponents to admit they lack first-hand knowledge of facts alleged in their pleadings.

You can even force opponents to admit the document attached to your request as Exhibit A, for example, is an essentially accurate copy of some document that might be difficult to get into evidence without their admission.

My official Jurisdictionary course explains all this in an easy-to-learn format people tell us an average 8th grader can understand and use. That's why my course is so very amazingly popular! Chances are someone told you about the course and encouraged you to visit my website.

Listen at www.RuleOfLawRadio.com (or local radio station) Monday 7-9 p.m EST for Jurisdictionary "God, Government, and the Gospel Mystery". You can even call-in with questions or comments!

Be clever. Think through the elements of your position (plaintiff or defendant) and sort out the essential facts you need to prove from those you don't need to prove.

Save requests for admissions for essential facts that take advantage of the unique power of this discovery tool.

In most jurisdictions, you are limited to a certain number of requests for admissions, so use them sparingly!

The details are explained in my course, of course.

In most courts, objections to requests for admissions are not allowed. Your opponent must either admit or deny, and that's good for you!

They cannot merely respond, "Objection, overbroad, burdensome, not calculated to lead to admissible evidence, seeks to inquire into attorney-client privilege," etc., etc., etc. They must admit or deny before the deadline!

If they fail to respond before the deadline, or if they file some objection, immediately file a "Motion for an Order Deeming Admissions Admitted" 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. Get my official Jurisdictionary course now, if you don't already have its case-winning power.

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 all five (5) of your discovery tools (explained fully in my affordable Jurisdictionary course) is evidence in support of the "ultimate facts" that tend to prove the allegations of your position and disprove those of your opponent ... nothing more, please!

Don't let lawyers trick you!

You have an unquestioned right to find evidence that tends to prove the facts you alleged in your pleadings and disprove the facts alleged in your opponent's pleadings.

Everything else is a waste of time!

Evidence + Legal Authority = Victory in Court!

If you don't know how to find evidence, you lose!

If you don't understand the "elements" of lawsuits, you cannot hope to win!