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How to submit evidence to the court?

To submit anything as evidence - there needs to be a proper "foundation" laid before it will be accepted.

In law, a foundation is a sufficient preliminary evidence of the authenticity and relevance for the admission of material evidence in the form of exhibits or testimony of witnesses. Material evidence is important evidence that may serve to determine the outcome of the case. Exhibits include real evidence, illustrative evidence, demonstrative evidence, and documentary evidence. The type or preliminary evidence necessary to lay the proper foundation depends on the form and type of material evidence offered.

The lack of foundation is a valid objection that an adverse (opposing) party may raise during trail or a hearing. You can submit evidence if the other side will consent and/or concede that the documentation is evidence at the time of the trial/hearing on the matter.

So you can bring your documentation to the heart, but must lay a foundation as to its authenticity to offer it into evidence.

To file a motion - you have to draft the motion for whatever your requesting, schedule a hearing on the matter with the court, notice the other side of the hearing date and time, and send all parties a copy of the motion.

 

To file a request for discovery - you just need to send the request to the party your requesting discovery from. You wouldn't need to file that with the court.

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Resolved Question:

How do I submit evidence to the court when I am representing myself? I fired my attorney today and I have a hearing on December 23rd that I will not be representing myself for. Can I just bring my own documentation with me to argue my case, or do I have to submit it to the court as evidence beforehand? This hearing was requested by opposing counsel and has to do with holiday visitation sharing time of our minor children (that has yet to be defined by the court) and a truck camper of all ridiculous things. Also, how does a person representing themselves file a motion for anything? Also, since I fired my attorney and have signed a release for him to file with the court, does that cancel any motions or discovery notices or anything else he has filed with the court that remains unanswered or unsettled, or are they still valid? Since we are still in the 'discovery' phase, how do I file a NOTICE OF SERVICE OF DISCOVERY ON PETITIONER (him) with the court? I already know I'll have to copy his attorney by either via fax or email if I file such a notice.

Submitted: 6 years ago.
Answered in 4 hours by:
12/21/2010
Family Lawyer: Law Pro, Lawyer replied 6 years ago
Law Pro
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Category: Family Law
Satisfied Customers: 24,870
Experience: 20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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To submit anything as evidence - there needs to be a proper "foundation" laid before it will be accepted.

In law, a foundation is a sufficient preliminary evidence of the authenticity and relevance for the admission of material evidence in the form of exhibits or testimony of witnesses. Material evidence is important evidence that may serve to determine the outcome of the case. Exhibits include real evidence, illustrative evidence, demonstrative evidence, and documentary evidence. The type or preliminary evidence necessary to lay the proper foundation depends on the form and type of material evidence offered.

The lack of foundation is a valid objection that an adverse (opposing) party may raise during trail or a hearing. You can submit evidence if the other side will consent and/or concede that the documentation is evidence at the time of the trial/hearing on the matter.

So you can bring your documentation to the heart, but must lay a foundation as to its authenticity to offer it into evidence.

To file a motion - you have to draft the motion for whatever your requesting, schedule a hearing on the matter with the court, notice the other side of the hearing date and time, and send all parties a copy of the motion.

To file a request for discovery - you just need to send the request to the party your requesting discovery from. You wouldn't need to file that with the court.

Law Pro
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Category: Family Law
Satisfied Customers: 24,870
Experience: 20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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Customer reply replied 6 years ago
Thank you for your answers. My apologies for the scattered questions.
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