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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116780
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am appearing as Defendant in a chancery court life

Customer Question

I am appearing as Defendant in a chancery court life insurance dispute. Waived mediation so set for Hearing Feb 23. Ive been pro se' for 1 1/2 years in this matter. I am seeking someone to give guidance to appear pro se at trial. Such as what docs do I need to file. Hpw to do so. Supeona med records. Witness list. Trial is dead man's statuate. I will do all typing and filing for it.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Only witnesses to conversations allowed. II have four witnesses. Would also like to supeona emergency room admit form and a sealed Dr. Letter that supported need for conservator in probate court.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you have been doing his for 1.5 years and have not subpoenaed records yet you are way late. Having a hearing in less than a month and no discovery being done is an issue, you are going to need to delay the hearing if you need to get records because you need to give at least 10-15 days to get the records together if you want to make sure they are done in time. You can subpoena the medical forms, but do not be surprised if you cannot get them in time. You have to give them a minimum of 10 days to produce them.
The judge has their own format for a pre-trial memorandum which sets out the undisputed facts, disputed facts and witnesses and legal issues that need to be litigated. So you need to contact the judge's clerk for that format.
You need to also get a copy of the TN Code of Civil Procedure and the TN Code of Evidence and you need to review those because the court will demand you adhere to those.
In introducing any document in court, you will need to have a witness on the stand who has first hand knowledge of the document and you have to ask them about the document and get them to verify it is authentic before you can introduce it into evidence. Also, you need original documents in most all cases (except for regularly kept business records) to introduce in court. Affidavits are hearsay, so you need to call people as actual witnesses. These are just a few things you need to be aware of.
Customer: replied 1 year ago.
Do you have forms or templates?I will not supeona records then. But do have witness to conversation, and the life insurance policy with proper procedure to change beneficiary and also the actual policy in dispute. So i need to know how to file those so I can present them.
Customer: replied 1 year ago.
Also how to advice opposing counsel I would be willing for nediation instead of trial.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You need to get subpoena duces tecum (subpoena for records) forms from the clerk, as they need to be signed by the clerk.
You will need to introduce the insurance policy and policy in dispute with a first hand witness to the two policies once the witness identifies the policies you ask the court to enter them into evidence.
Since you waived mediation first, you need to file a motion with the court and send a copy to the opposing counsel titled Motion for Mediation and ask to have the matter rescheduled so mediation can take place.
You should also send a letter to opposing counsel with your motion and inform them you are willing to settle the matter and make them a settlement proposal.
Customer: replied 1 year ago.
Last week, the judge asked to see the insurance policy specifically any provision of terms that change of beneficiaries must be done in writing. I need to subpoena that from aprudential. How do i submit as evidence since the Judge brought it up first asking to see that info.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You need to go to the clerk and get a subpoena form signed to send to Prudential asking for their keeper of records to appear in court with the policy. Once you get the policy you need to put their keeper of records on the stand to testify or have a notarized statement from them that this is the original policy to introduce it as evidence in court.