Hi, My Motion for Assignment request was DISMISSED WITHOUT PREJUDICE because I attached screenshots to my motion as evidence. The screenshots are of the Judgment Debtors website. I used them to show the Judge. He dismissed my case because he said I did not enter the screenshots into evidence properly. Can you tell me the exact steps to enter them into evidence the proper way? If you have a link that I may refer to great.
Do I need to have the screenshots 1) authenticated, 2) and make a statement in the declaration? Do they need to be stamped with a seal????
Yes you have to authenticate the evidence because the Internet screenshot is a hearsay evidence. You need to get a declaration from the website administrator as to the validity of the information.
Typically, to add evidentiary support to a motion requires a declaration. A declaration is a written statement, by an individual who can authenticatey the evidence. The screenshots would be attached to the declaration as an exhibit.
Please note that the rules of evidence and civil procedure are what make it almost impossible for a pro per litigant to succeed in court.
Now that the judge has denied your motion, you have to be very careful how the revised motion is presented. The information you have provided brings to mind a host of questions. To best protect your interests, you NEED to consult with a local attorney who can review your case,provide suggestions and prepare the motion. My colleague is right that the deck is stacked against in pro per's who are unfamiliar with the rules of evidence and the court. Don't go this alone.
submitting exhibits as evidence is tricky and I've seen very good litigators get there exhibits denied because they felt live proper foundation
don't try to learn avidence spend some money and hire a litigator
you will be happier in the end
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