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Ask Infolawyer Your Own Question
Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 57322
Experience:  Experience representing landlords and tenants.
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There! we are in the middle of a small claims dispute.

Customer Question

hello there! we are in the middle of a small claims dispute. we have filed the paperwork with the court, but i wanted to clarify something. when we filed, we submitted a statement with accompanying images, documents, etc. the court clerk said something that is confusing me: she said the statement and the supporting docs (damages to the property, etc.) have to be sent to the defendant with the papers served, but now i am wondering if i misunderstood her. is that true that you have to submit your evidence? i guess i am ok with that but i thought we just serve them the court date papers. it seems a little bit antithetical in court cases to show your entire hand and give them time to do a rebuttal; i mean, is that what you have to do? prepare them for the case you are making against them by showing all your evidence?
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Infolawyer replied 2 years ago.
Hello, anything you file with the court gets served on the other side.
Normally you only file your complaint with the court, not evidence.
If you filed evidence, which is rare, then that gets sent to the other side too. If it's a motion with evidence, it gets sent to the other side and with proof of service.
Customer: replied 2 years ago.

So we would have been better off submitting the complaint without evidence/statement... and presented the evidence in court later? Is that kinda what I'm gathering? The courts wouldn't take the photo evidence upon filing, just the statement referencing them, they said to bring the photos later. So, can we just provide the statement to the other side, not the photo evidence? In other words, can we leave out anything that wasn't given to the courts, even if it was referenced in the statement? I would like to just have those in the court, not sent ahead of time to the defendant.

Expert:  Infolawyer replied 2 years ago.
The complaint normally does not include the evidence, but no harm done in submitting it. If its good evidence, let the record reflect it!