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Ask Legalease Your Own Question
Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16344
Experience:  15 years exp all aspects of general law
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I have lost a case of car accident as plaintiff, the judge

Customer Question

I have lost a case for determination of car accident as plaintiff, the judge did not even take into account the witness statement th by private investigator. The defendant said there was no witness. The accident occurred after I passed both lanes of paseo padre and the other party went around me. The judge stated I had stop sign and he had right of way, but it never happened at intersection and granted I had no insurance, the other party did not countersue so what are my rights?
Submitted: 1 year ago.
Category: Legal
Expert:  Legalease replied 1 year ago.

Hello there --

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Unfortunately, unless the witness actually appears before the judge to give live testimony, the judge is free to ignore any written witness statements either given directly by a witness or given through a private investigator (without the chance to have the witness in the room, the other driver can claim that they are not being given their Constitutional rights to question the witnesses against him and so such statements are generally considered to be HEARSAY by the courts and judges will not usually accept such statements accept in cases where the other side fails to appear and defend against the determination of car accident hearing),

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You have 30 days to appeal such rulings (generally) and you can certainly apply to appeal the decision but unless you can get the agreement of the witness to appear in court on the appeals date and to testify on your behalf, then the court will most likely not entertain your appeals case (you have to bring them something new to consider in an appeals hearing).

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If you hired the PI, then my suggestion is to contact the PI to see if the witness is willing to appear in court for you and if you can get a solid commitment, then you should contact the court or agency where your original hearing took place and speak to a clerk about getting the appeals paperwork in order to appeal the original decisions.

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Please let me know if you have further questions. If not, can you please press a positive rating above in the ratings section so I will be paid for my time (the middle star and the fourth and fifth stars on the right are positive ratings). Doing so will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time. THANK YOU

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MARY

Customer: replied 1 year ago.
But I am the plaintiff can I still appeal and bring the witness
Customer: replied 1 year ago.
I am willing to do that and this is alameda county ca
Expert:  Legalease replied 1 year ago.

Hello again --

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I am sorry but I am going to opt out of this question and place it back on the board if another attorney is interested in further assisting you with this. Best of Luck.

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