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I am the plaintiff in a civil federal case. I have a scheduling conference in the immediate future.

Northridge, CA |
Filed under: Lawsuits and disputes

I have no witnesses in my federal civil case only written evidence. In the Initial Disclosure what else will I be required to submit?

Attorney Answers 2

Posted

Even though you only have written evidence, how under the Rules of Evidence will you get it admitted into the case? Most times you need witness testimony to authenticate and then to lay the foundation for the things to get admitted.

If you do not have a lawyer, I suggest you rethink your strategy if you desire success.

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Asker

Posted

Success is measured by many things....thank you.

Posted

You need to disclose witnesses, documents, damage computations and liability insurance, if applicable. As others have commented, you may need a witness to authenticate a document so that it may be received into evidence unless you can convince the other side to stipulate to its authenticity. SEE Federal RUles of Civil Procedure 26(a)(1).

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Asker

Posted

The document was mentioned in the Joint Report and defense counsel objected to its entry. Does this authenticate the document?

Eric Burton Strongin

Eric Burton Strongin

Posted

No! Quite the opposite. The objection indicates that counsel is unlikely to stipulate to its authenticity or admission into evidence. You need someone with personal knowledge regarding the document, how it was created, etc. (i.e. the author of the document). There are exception to this, but it is quite technical. One exception may be if you can establish it is a business record.

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