Dear XXXXX, Thank you for your kind patience, Here are the Answers to your questions:
1. "Can I personally deliver a subpeona to a witness"
You cannot serve the Subpoena. It must be served by an individual over the age of 18 and not aparty to the action. Serving a Subpoena is governed by Virginia Code 8.01-293 which reads, in pertinent part, as follows:
8.01-293. Authorization to serve process, capias or show cause order; execute writ of possession and levy upon property.
A. The following persons are authorized to serve process:
1. The sheriff within such territorial bounds as described in 8.01-295;
2. Any person of age 18 years or older and who is not a party or otherwise interested in the subject matter in controversy. However, in any case in which custody or visitation of a minor child or children is at issue and a summons is issued for the attendance and testimony of a teacher or other school personnel who is not a party to the proceeding, if such summons is served on school property, it shall be served only by a sheriff or his deputy; or
3. A private process server. For purposes of this section, "private process server" means any person 18 years of age or older and who is not a party or otherwise interested in the subject matter in controversy, and who charges a fee for service of process.
2. If I (plaintiff) and defendant both subpeons the same witness, who calls them first
Since you are the Plaintiff and the Plaintiff always puts his case on first, you would call the witness first;
3 When do I provide evidence to impeach the witness for defendant
You do not offer any evidence to impeach a witness. You impeach any witness by asking him questions on cross examination, such as "Have you ever been convicted of a crime?";
4 What legal basis can I use to bring up past defendants behavior (pattern and habit)
You cannot bring up past behavior that is old, This is called "stale" evidence and would not be taken into account. You can bring up recent past behavior to show that the defendant has a "propensity to act a certain way", but you cannot bring up past behavior to prove that he did what you are claiming he did. For example, you can show past behavior or conduct to show that the defendant has a propensity for violence, but you cannot bring up past behavior to show that, "Well, the defendant was violent in situations such as X, Y, and Z; therefore, he was also violent towards me on the date in question" - This would not be acceptable and would not add any weight to proving that he was violent towards you on the date in question (which is the subject of the lawsuit)
5. Which documents in my case have to be Certified True Copies to be admitted
The Best Evidence Rule requires that the original of a document must be submitted if the document is presented to prove the truth of its contents. In order for a copy to be admissible, a foundation must first be laid. You must show that the original is not available through no fault on your part, that a diligent search has been conducted to find the original, and that despite this diligent search, the original has not been found;
6 What kind of statements do I need to AVOID to prevent verdict from being set aside
There are no words or phrases which would make a Judge set aside a verdict. Verdicts are set aside, or a Judgment Notwithstanding the Verdict (A "Judgment NOV) are granted usually because the evidence does not support the verdict and the jury was swayed by emotion in reaching their verdict, rather than having the verdict supported by the evidence produced at trial,
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