Legal Question in Personal Injury in California
I am the plaintiff pro per in a very very big civil matter the defendant is represented by a mid size firm (200) of attorneys that are industry specific needless to say I am far far out gunned an ameba v. Albert. However, I do have very excellent co-counsel, that being my case. My case is as solid as it gets based on my unprofessional opinion. My question my sound ridiculous but how do I address the defendant's objections to evidence. Not my evidence but theirs. The only evidence I use in my MSJ is the evidence the defendant prepared and presented to the police and the DA in their baseless criminal complaint that all but destroyed my life during the 26 months I battled the DA. The same evidence has even been filed with the court in this civil matter and I have received copies through discovery although they were careful not to identify the documents. Is there an easy way to counter their objections? Are they even allowed to make such objections? I feel that maybe they are doing so because of who I am not instead of who I am and I am not an attorney. I Do have a BA in Accountancy and worked as a big 8 CPA with AA&Co; for several years but as you can see by the Big 8 that was some time ago
3 Answers from Attorneys
You are in the same situation that every pro per eventually finds themselves. You are so deep in ignorance of the law, rules of evidence, and rules of civil procedure that even a good lawyer finds it very hard to figure out where to begin trying to explain to you what you don't understand. But I will try.
You don't understand what "evidence" means. And you don't even begin, it seems, to realize that not all evidence is admissible, and much evidence is admissible for some purposes but not others. We lawyers who intend to have a career in litigation spend a minimum of a full semester taking Evidence in law school. If we're serious about learning how to make evidence an admissible part of a case, we usually take at LEAST a trial practice course, and often take a clinic course our third year where we have to represent actual indigent clients in court under faculty supervision.
I am sorry if this seems harsh, but that is the reality of your situation. That "evidence" was presented to the police and DA doesn't make it actual admissible evidence in civil court. Something that you received through discovery that wasn't even identified may as well be smoke. And even if everything you have IS admissible evidence, if you fail to establish the necessary foundation for admissibility, though competent testimony, it is still objectionable. And on a motion for summary judgment, you have the additional hurdle that the evidence not only must be admissible, offered by a competent witness, with a proper foundation for admissibility laid, it also must be presented to the court in a very strictly regimented format, and if there is any error in following the rules on how it is formatted and presented, it is objectionable on that basis alone.
So to answer your specific questions, "no" there is no easy way to counter evidentiary objections, particularly since there is a very high likelihood that they are valid when made to "evidence" proffered by a non-lawyer, and "yes" they are not only allowed to make evidentiary objections, they have an obligation to their client(s) to do so at every opportunity.
Mr. McCormick has hit the nail on the head. One thing you can do now is find a lawyer willing to act in a limited scope capacity to review your situation.
I wholeheartedly agree with the prior answers. Start calling law firms asap.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
