See: https://wordpress.com/post/livinglies.wordpress.com/54827 To download case referenced go here. The process starts off with Discovery, Motions to Compel, Objections at Trial and Cross examination. But what is the underlying theme behind those objections and cross examination? All objections and cross examination questions arise from a knowledge of the rules and laws of evidence. What you don't know can kill your defense. The law of evidence is that hearsay evidence is excluded for the trial record. But the procedure requires that a timely objection be raised contemporaneously with the the question asking for a hearsay response. This is where pro se litigants and inexperienced lawyers get steamrolled. If the objection is not deemed timely by the trial court, then the objection is waived and the hearsay testimony or hearsay document comes into evidence. Evidence is an art not just a skill. The goal is not just to score points on an imaginary scoreboard. The goal is to actually persuade the judge that in this case the bank, servicer or Trustee should lose because they didn't fulfill the requirements of a prima facie case. Listen in to learn more To sign up for the Evidence Seminar go here. Contact us at: info@lendinglies.com To Donate to LivingLies go here.
