Not All Rules of Civil Procedure Are Logical or Predictable
Tricky rules can prevent you from defending yourself.
Unfortunately, there are a lot of rules of civil procedure which present lurking danger to the pro se defendant or even a lawyer not used to litigating. One of the worst of these tricky rules, however, is one requiring objection to exhibits in advance of trial.
Tricky Rule Screws Pro Se Debt Defendants
The way this “presents” is likely to be you receiving a set of exhibits – or some sort of notice referring to exhibits – from the other side. It may even be so innocent as a statement that “Plaintiff will use the exhibits attached to the petition at trial.” If any of these things happen, or if there are a lot of exhibits in the record in any way, you should beware.
Some jurisdictions allow this list of exhibits as a pretrial submission where, if you do not object to them, they will be accepted into evidence without objection. In other words, this tricky rule will prevent you from making an objection in trial – the very time you would think you needed to object. In a debt case, this will be almost certainly fatal to your defense.
You Don’t Get Much Time!
Debt cases hinge on the ability – or not – of a debt collector to present record evidence of the alleged debt. Since debt collectors did not create those records and in most cases have no knowledge of how they arose or came into existence, one of the debt defendant’s strongest challenges is to attack the use of those records as evidence. You attack their “admissibility.” If you successfully do that, you will likely win the trial. If you fail, the debt collector almost certainly will.
Automatic Admissibility a Trap for the Inexperienced
A tricky rule which allows automatic admissibility is a dangerous poison pill for debt defendants, and you much know whether such a rule exists in your court. As we say, receiving a list of exhibits is a hint, but you should search your court’s “Local Rules” if it has them, and your state’s Rules of Civil Procedure, to find out if you must worry about this rule. If you have it, it’s easy enough to make your objections, but you will have to object prior to trial and on the schedule provided by the rule.
Protect Your Rights
Even if you are reading this article late in the game, shortly before trial, and you are not already a member, you should consider doing so. We have materials helpful to last minute defense and trial preparation even if you are facing this rule.
If it’s a little earlier in the lawsuit, or if no suit has yet been filed, you have many other options. Membership can present you many benefits and help you win your case. Or you could check out some of our e-courses.