The judge told me specifically today how to prove up photos (after the trial). This is justice of the peace court, of course. I have a vague rememberance of what questions he suggested. He also said that many seasoned lawyers do a very job at proving up. Could someone jog my memory?
It is fairly simple. You show the picture to the opposing party to see if they have any objection. Then you show the picture to the witness and ask them about the picture. For example did they take the picture, do they recognize the people in the picture, do they know when it was taken, etc. Once the witness verifies the information in the picture, you can ask the clerk to mark it as Plaintiff's exhibit 1, for example, and then introduce it into evidence. You hand it to the bailiff who gives it to the judge. If there is a jury, you ask permission to publish it to the jury. This is the same procedure for any type of document. If they are your witness you cannot "lead" them but if it is cross examination of the other party's witness, you can. Leading: Did you take this picture on January 1 and is that Sam, John,and Tom?Not Leading: Can you identify this picture?lwpat41086.2385609607
Thank you very much. Yeah, sounds similar to what the judge suggested. I mean, I asked questions in that directions. Do you recognize this? Is that your handwriting on the object in the photo? I simply did not ask when it was taken, and if witness was the person to take the photo. Crazy.
It is easy to forget. Sometimes it is best to write out a little scenario. thanks for the accept
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