Hi and welcome back to JA. Good day to you.
Here if these are your records/tapes you can authenticate them by testifying as to the date and time you made them.If you need phone records as well you would subpoena the custodian of the records for the particular phone company or carrier.You do this by contacting them and getting the name and address of the person and have the court clerk issue a subpoena duces tecum to the hearing.Any records they produce the custodian can authenticate them.
Here is case law on such records.http://www.kostrolaw.com/NJFamilyIssues/2011/06/28/the-business-records-exception-to-the-hearsay-rule/
Here are the NJ Rules of Evidence that control the admission of documents.Look under X, Xi, And XII and the rules here that might apply to your case and these recordings.
I appreciate the chance to assist you today.Please let me know if you have more here.Thanks again.
The arrests/bboking or police blotter should be public record and accessible here if they were arrested.
You might be able to subpoena the custodian of the criminal records here--the police if the person was booked.
not sure about arrest
Hi let me know if you have more-thanks.
I am not sure what the proper procedure would be to present these in court. I would like to present these recording as soon as possible and in a manner that will be acceptable to the court. I do not have any case without these recording being accepted in court. At the moment they are the only proof that I have that support my case. I want to make sure that they will be accepted by the court, as soon as possible, because my whole case depends on this.
Here is more information on possibly obtaining any criminal records.
No all I have are the case numbers
First you would need to produce copies and include them in your answers to interrogatories--the other side has the right to discover these.Thats the first thing.
And then you would be able to try and admit them at hearing by terstifying to when they were made and that you made them, and who the parties are.
Ok I concerned that the court might not except them
And back to the records--these are public information--you should at least be able to get the arrest or charging record even if they were later dropped.Use the contact information I gave you here for that.
Is this valid for municipal cases also
The other side will no doubt try to object to the tapes but by producing them at least they cannot claim lack of notice.
And yes you can contact the municipal clerk and go read the files and get the documents.It is worth a trip to do so because then you only order copies of what you need.
I tried to do this and had no co-operation
What is the municipality here?
Can you give me the municipality where they were charged?
Englewood Cliffs, NJ and , Cliffside Park N.J.
Give me a second
It would be the criminal division here and also you may be able to search online.
73 South Van Brunt Street Englewood, NJ 07631 Office:(NNN) NNN-NNNNbr/> Fax: (NNN) NNN-NNNN/p>
Try here too.
I tried both and got no help
All you can do is try in person to review the files and copy what you need as far as arrests.Then you can call the witness and ask them about it and confirm the charges since they are public record.
I hope this helps.You have to chase these records a bit the clerks can really be indifferent.I know this is important to you.
Thanks for the follow up here.
I tried to get information from the court clerks and records department. They would not help. The witness was my deceased father
Well this is public record.The fact that your father is deceased does not change that.If they have a file on this ask to see it and then buy copies of what you need.If you have case numbers then go to that clerk and ask to see the files.
Don'[t accept anything less as it would be public records.
I tried this
Do I have any authority to acquire my diseased father’s records? If so how do I get an official document that entitles me to do so?
And are they telling you they don't exist or what exactly are they telling you about seeing the files.
Again these are public records--anyone would be able to access here.
If they turn you down again ask for a supervisor be persistent.
Cliffside park told me that they can't release the records
Doesn't matter who you are they are public and the fact your dad is deceased shouldn't matter here.Maybe you need a supervisor to overcome this.
You can also subpoena them with custodian of records so ask who that is for that case.
Englewood Cliffs referred me to family court
That way you subpoena them to hearing here with the records.
If they are criminal files here ask who the custodian is and where they are located.And ask for supervisor if necessary telling them they are needed for court.
Does it matter that the cases were dropped?
I know that this is frustrating for you.
It should not unless the records were sealed for some reason.
The person arrested woudl have had to go back to court to seek such a sealing.
So unless they did that they would remain public records.
I can't get any co-operation from anybody
This may take an in person visit and if necessary a supervisor..I know the bureaucracy can drive you mad sometimes.
But it is important to you thats for sure.
I have tried this already
You can also send admissions to the other side here asking them to admit they were arrested on ...for .....
That way if they admit it court would deem it admitted and will go the merits.
I am not sure if there was an arrest or not, however I asked the other side if charges were filed against him by my father
So send them and admission asking to admit or deny that XXXXX XXXXX was arrested on ....for .....
Something like that.
This was one of my interrogatory questions
Force them to admit or deny it.
Well if you do it as an admission if they admit to it them it is part of your evidence ..
I am waiting for a response to my interrogatories
can the respon
If they do not answer them then a motion to compel is the remedy.
And you can call them to testify here at trial and ask them under oath.
can the responses to the interrogatories be used in court as evidence?
Yes because they are answered under oath.
And you can call the person and verify that they answered them admitting to the arrest here.
Here are more sample admissions just in case.You would have to modify them to your case.
I wish you good luck here.I appreciate the chance to help you .
there may have been an arrest or may not have been
As I stated before, I have to answer the interrogatories in seven days. I only have the recording to submit. How will my case be effect, if I do not produce the documents that I would like to subpoena, at this point? How do I respond to the other parties’ interrogatories, about these documents?
Well then force them to respond here to your interrogatories --motion to compel if they do not answer you.
I would list them as possible records from the AT and T or whoever and set out that they are not yet in your possession.You would then be expected to supplement here and produce the records if you receive them.
not phone record
It is critical that you disclose anything you intend to use because then they cannot object that you failed to produce them prior to hearing.
none of which I have in my pocession
You don't have to disclose unless you have them in your possession.But if you are able to get them then the other side has a right to see them prior to hearing.You have a duty to supplement here if you get more along the way and supplement any responses as well.
Just wanted you to be aware that if you get them then you have to share them.
Good luck to you.
If you can leave a positive rating it is always much appreciated.
ok I understand this. However if I do not have any of this information at this point. Then if will not have any consequences later on?
ok will do so
No if you don't have ti here you can subpoena the custodian and they would have right to see it in court and some time to review it but it does shorten their time to prepare.That is the upside to a subpoena duces tecum.
Take care here and I wish you the best.
Ok can I set some kind of date to get all these parties and records into the court room, before the trail date. That is a date set in order to get all of the supoena information
Yes the court usually sets a date for motions and pretrial matters.Ask the court clerk about the process to do that.It is the time to try and resolve any issues like these and then set an agreed trial date for the hearing on the merits.
I have nothing to submit except these recording? I am sure that my adversary attorney will try keep them from being used in court, as they prove my case beyond any doubt.
You mentioned that I might be able to bring the recordings to court and have a hearing on merit. Can you explain this in detail? When can I do this? How do I go about doing this?
You would raise this with the judge and see if the parties can stipulate to the recordings ahead of the trial on the merits.If so then they would be admissible at that point into evidence.
Is there any way to have these recordings verified by form of verification service, so that there is no question by the court that they are legitimate and proper?
No there really isn't it is just something you raise at a pretrial conference to see if there is a dispute here or not.
(a) Actions to Be Pretried. Pretrial conferences in contested actions may be held in the discretion of the court either on its own motion or upon a party's written request. The request of a party for a pretrial conference shall include a statement of the facts and reasons supporting the request. The pretrial conference shall be recorded verbatim.
(b) Pretrial Order. Immediately upon the conclusion of the conference, the court shall enter a pretrial order to be signed forthwith by the attorneys, which shall recite specifically:
(1) A concise descriptive statement of the nature of the action.
(2) The admissions or stipulations of the parties with respect to the cause of action pleaded by plaintiff or defendant-counterclaimant.
(3) The factual and legal contentions of the plaintiff as to the liability of the defendant.
(4) The factual and legal contentions of the defendant as to non-liability and affirmative defenses.
(5) All claims as to damages and the extent of injury, and admissions or stipulations with respect thereto, and this shall limit the claims thereto at the trial. Where such claims have been disclosed in answers to interrogatories they may be incorporated by reference.
(6) Any amendments to the pleadings made at the conference and, where necessary, the time fixed within which such amended pleadings shall be filed. Except when ordered on the court's own motion, no amendments of pleadings shall be granted at the conference which would justify an adverse party in demanding additional time for investigation and further discovery, and result in delay of the trial.
(7) A specification of the issues to be determined at the trial including all special evidence problems to be determined at trial and issues, not raised by the pleadings, which occur to the trial judge, with an appropriate notation if the attorney concerned does not wish to advance such issues.
(8) A specification of the legal issues raised by the pleadings which are abandoned or otherwise disposed of. No legal issue shall be ruled upon at the pretrial conference as to which there is any doubt or reasonably arguable question. If a ruling is sought on any such legal issue, the matter should be set forth with directions that formal motion be made thereon at a later time and before the pretrial judge if possible.
(9) A list of the exhibits marked in evidence by consent.
(10) Any limitation on the number of expert witnesses.
(11) Any direction with respect to the filing of briefs. A request by the court for briefs should be included where the resolution of any general legal problem is not clear, or where special problems of evidence exist, as noted by the attorneys or on inquiry by the pretrial judge.
(12) In special circumstances the order of opening and closing to the jury at the trial.
(13) Any other matters which have been agreed upon in order to expedite the disposition of the case.
(14) In the event that a particular member or associate of a firm is to try a case, or if outside trial counsel is to try the case, the name must be specifically set forth. No change in such designated trial counsel shall be made without leave of court if such change will interfere with the trial schedule. If the name of trial counsel is not specifically set forth, the court and opposing counsel shall have the right to expect any partner or associate to proceed with the trial of the case, when reached on the calendar.
(15) The estimated length of the trial.
(16) When the case shall be placed on the weekly call.
When entered, the pretrial order becomes part of the record, supersedes the pleadings where inconsistent therewith, and controls the subsequent course of action unless modified at or before the trial or pursuant to R. 4:9-2 to prevent manifest injustice. The matter of settlement may be discussed at the sidebar, but it shall not be mentioned in the order.
(c) Trial Briefs. If trial briefs are ordered at a pretrial conference the pretrial order shall specify to which judge or other court official they shall be submitted and within what time. Where it appears that the trial will be presided over by a judge other than the pretrial judge, the pretrial judge shall file a copy of the pretrial order with the Assignment Judge or the Assignment Judge's designee, who shall make appropriate arrangements so that it may be determined after the briefs are received whether the action is one which requires study in advance by the trial judge. If so, a day certain shall be fixed and the action assigned to a particular trial judge for disposition at least 2 days in advance of the date so fixed.
(d) Disposition by Pretrial Judge. Notwithstanding the provisions of (c) hereof, and even though a continuance is ordered during the conference because of inadequate preparation by the parties of any matter, in the absence of some unusual circumstance the pretrial judge shall retain the case until the completion of the conference. The Assignment Judge shall, whenever possible, assign the case for trial and all preliminary motions to the pretrial judge.
You would use the pretrial conference to see if they will admit the tapes by stipulation.
Or have court address whether they are admissible at this point and see what ruling you get.
That is the purpose of the pretrial conference here.
This will give you an idea of whether it will be undisputed and what issues there is agreement on and dispute on.The idea is that you can narrow issues and shorten the hearings.Resolve any discovery disputes of there are any.
All the rules for reference.
we had a meeting when the schedule was set for the interrogatories. I am not if this was considered as the pre trail conference. Can I expect another meeting for the pre trail conference? Can I ask for one?
Yes you can since you have these issues you want addressed and ruled on if necessary.
This is not uncommon the court would schedule it if you request it with the clerk.
The court may require you to get dates from the other lawyer that court is available and the parties as well.
Good luck here with all of this.
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