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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 92799
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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How to prove the truth when only half of the story is told.

Resolved Question:

How to prove the truth when only half of the story is told. process server(one man and one woman) went to my parent house serving papers. parents told them I dont live there, which is true. The woman throw the paper on the yard, and my parent objected. The man then pick up the paper and they left. about 30 days later, the papers were left on the yard. but the opposing party claims the paper was properly served the first time. and the process server wrote a declaration, stating she left the paoer with my parent. but never mention her partner took it away. now the response is late. because 30 days were missing. how can i prove the truth to the judge.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

This is something that courts frequently have to deal with as they often only have one side of the story. You would have to have your parent testify in court regarding what happened on the date that the paper was thrown in the yard and the male server picked it up. The courts frequently hear this type of issue and it would be your witness testimony against the other side's witness testimony.




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Customer: replied 1 year ago.

is there any other way beside have them testify in court? my parents are in their 70s. They speak very little English. And they are in poor health, especially my mother. They definitely need interpreter if they go. Having them testify is my last choice but it is definitely an option. Will the judge trust them? can the other party say, they are his,parent, they are helping their son. g

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Unfortunately, I am afraid that the only way to prove anything in court is by having witnesses testify in court on the record. The judge is the sole determiner of the evidence presented to the facts and has to evaluate anyone who testifies. The court will provide an interpreter upon your request to the court and while they may be your parents they were the only witnesses to what occurred.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 92799
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 7 other Criminal Law Specialists are ready to help you

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Law Educator, Esq.
Law Educator, Esq.
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Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience