I am small claims pro se. I went to a paid consultation and was told to raise that the doc's supporting MSJ are unauthenticated and hearsay. I don't understand how you authenticate a document for example phone record. Is it the owner making an affidavit saying I looked at this and it's mine?
Dorothy is right. The person who controls the records fills out the affidavit. You need the designated corporate rep. You can do your own.
Look at Subsection ten of rule nine hundred and two of the Texas Rules of Evidence. Go to the court's law library if you can't get a copy on Findlaw. (sorry for spelling out the numbers but this browser freezes when I enter digits).
Ms. Laster practices in Dallas, Denton, Collin and Tarrant Coun
As I read it your opponent is filing a MSJ with unauthenticated documents. To authenticate a document is to offer proof of what it is. Inthe context of an MSJ this is usually done with an affidavit. To raise the issue you object in writing that the document is not authenticated. Also assert that it is hearsay. Hearsay is an out of court statement quoted in court to prove the truth of the matter asserted. In small claims courts there are rarely depositions that would allow out of court testimony, but in an MSJ an affidavit, which is usually hearsay, is allowed. The trick is that the affiant is testifying to what he personally did or saw, not what somebody told him. If it is about what somebody told him then it would still be inadmissible hearsay.
Any answer I provide is a general observation for discussion purposes and not intended to be legal advice. My comments do not create an attorney-client relationship and you are not authorized to rely on them in making a decision regarding the subject matter of your question or in determining the course of action, if any, you desire to undertake.
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