Legal Question in Civil Litigation in Maryland

Testimony Question

Quick question: I'm the Plaintiff in a civil case and in early March, I presented my case and exhibits to the Judge. Some crucial evidence was objected to by the Defendant and the Judge did not allow it. When the Defendant moved for a Dismissal, instead of ruling, the Judge returned all of my documents, continued the case and told me to get a lawyer. For economical/practical/personal reasons, I've been unable to hire an attorney and quite frankly, I don't care if the case is dismissed. My only question is: When I go in to court, do I have to start from scratch by presenting my testimony and evidence again (the case will be heard in front of the same judge)? Thanks in advance.


Asked on 4/30/04, 9:16 am

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Testimony Question

If the case is still in front of the same judge, presumably the record started the last time you were in court is open and the trial will pick up from there. Any evidence already in the record need not be reintroduced.

It sounds like there is a problem with the admissibility of your exhibits. Whatever the judge gave as a reason for not admitting the exhibits before, you will need to cure that defect if you can before they will be accepted into evidence. When you offer an exhibit, you first have it marked with an exhibit number by the courtroom clerk, show it to the other party's lawyer, and then you identify what it is through a witness--presumably yourself if your then giving testimony. Then you say "I move Exhibit __ into evidence." If the other side doesn't object, the judge will accept it. If they do object, the judge will consider the basis for the objection and any response you offer and then rule on whether the exhibit will be admitted.

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Answered on 4/30/04, 10:16 am
Daniel Press Chung & Press, P.C.

Re: Testimony Question

You may have to start over - depends on the judge. You should be prepared to do that. Actually, that would probably be best, since it would give the lawyer a chance to do it right. But either get a lawyer or dismiss the case. Don't try to go back in front of the same judge after he did you a huge favor and make the same mistake again. If you don't care, just dismiss the case. If you do care, get a lawyer and do it right.

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Answered on 4/30/04, 10:55 am


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