Decision by magistrate was failure to prove case. I feel my case would have been more compelling if I had been allowed to show pictures of a large hole in the roof (taken by the new roofing company) which another roofing company did not see and also a statement from the new roofing company that it is standard practice to remove gravel from roof in order to find the hole which needs repair. The defendant roofing company kept patching the wrong spot & it was never fixed. Magistrate said statement was hearsay and wouldn't consider pictures unless I took them myself or had a witness in person at court who took them.
If you think that the Magistrate erred in his application of the law you can appeal his ruling.
Presenting evidence and witness testimony in such a way to make it admissible in trial is a fairly technical process which attorneys are trained to accomplish.
Donald at Robinson and Henry, PC. The above information is provided to you “AS IS,” does not constitute legal advice and we are not acting as your attorney. Because we do not have a full view of the facts in providing the above information we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites. Legal advice must be tailored to the specific circumstances of each case and the information provided to you may not be an appropriate fit in your case. Nothing here is provided or should be used as a substitute for the advice of competent legal counsel. This postings is for educational and information purposes only, not legal advice or legal opinions. The information is not intended to create a lawyer-client relationship between the author and you.
The magistrate has the discretion to allow or not allow the evidence. The chances that you will win an appeal on that discretion are very slim but, as noted by my colleague, that is your only option assuming you have not already passed the time to file an appeal. If that has passed, there is nothing you can do.
This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.
The magistrate wanted witnesses that could be questioned not pictures and documents that could be from any source and not challenged.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline