Re: Construction Contract - House Fire

IF this is a substantial damages case, you have too much to risk to do this on your own. You risk all of your evidence being excluded via Motions In Limine if you did not disclose evidence, name an expert at the designated date, and being unskilled in witness examination. Call me directly at 1.619.222.3504.

Re: Construction Contract - House Fire

Generally, testimony of a nonparty witness must be in person and under oath; otherwise it is inadmissible hearsay. If the witness were unavailable (dead, out of the country, extremely ill) the testimony might be admissible if it were in the form of an affidavit or deposition testimony under oath.

Amending answers to interrogatories is voluntary, not mandatory. However, it may be a good idea to amend; you can't give a story in court that contradicts what you said in your interrogatories without risk of looking untruthful.

An properly-qualified expert witness should be able to testify in person as to your damages, and should be able to introduce written documents he has prepared during the course of testimony. Local court rules may require you to disclose your witness list and exhibits (such as documents) to be offered in evidence before trial begins.

All evidence has to be authenticated. This may be a relatively simple matter such as (in a criminal case) having the investigating officer identify Exhibit A as the pistol he found in the bushes outside the crime scene. For example, if you are using photos of fire damage, someone will have to be sworn in to say that he took them, when they were taken, and what they show.

Sounds like you need a lawyer. Winning at trial in Superior Court requires a working knowledge of civil procedure, rules of evidence, and state and local rules of court, which your questions show you lack. Also, I wonder if there isn't maybe an insurance company somewhere that ought the be handling this case for you?

Re: Construction Contract - House Fire

"Can I take a witness written statement (family member) and use this as evidence? Do they have to appear at trial? Can I refer to the statement at trial?"

--- With very limited exception, a trial judge will not accept a declaration in lieu of personal testimony. For example, declaration can used to authenticate business records. To even get a judge to consider declarations, you need to show that the witness is very unavailable.

"If I have information now that I did not have when the defendant asked in the interrogatories do I have to turn them over to them now."

---Unless you’re in federal court, there is no continuing obligation to update interrogatory responses. But I caution you – unless you have a good explanation regarding why the information was not available earlier (when your responded to the interrogatories), you open yourself up to impeachment and possibly, even sanction by the trial judge. I would recommend that you voluntarily update.

"If I have an expert witness can they also write the estimate for damages I sustained?"

---Provided that you properly disclosed the expert AND the subject matter of his testimony (e.g. repair estimate) before trial and he is competent and qualified to provide such an estimate, that expert can provide a written estimate. But as practical matter, I recommend that get an actual “bid.”

"If I have a piece of evidence (pictures, letters, scopes of work, etc. do I have to call a witness to testify for each piece of evidence just to say they are correct?"

---All documentary evidence needs to be authenticated, whether it be by a witness on the stand (e.g. the person who prepared the bid, the one who took the photo, etc.), or by declaration (if the records quality as business records as discussed above)

From your series of questions and the subject line, I strongly recommend that you some professional legal advice, whether it be from an attorney or local legal assistance agency or law librarian (if you cannot afford an attorney). Civil trial procedure is full of filing requirement and deadlines – miss one, and you may lose your ability to get your case before a jury.

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