Tonight! How to Present Evidence in Court. Basic primer for attorneys and pro se litigants. 6PM EST 3PM PST

WHAT IS EVIDENCE?

Thursdays LIVE! Click in to the Neil Garfield Show

Tonight’s Show Hosted by Neil Garfield, Esq.

Call in at (347) 850-1260, 6pm Eastern Thursdays

Tonight I am commenting directly on about one dozen submissions to me, mostly from pro se litigants who have submitted affidavits, declarations and exhibits only to have the judge completely disregard them as either not evidence or evidence having no weight.

An affidavit is not evidence. Neither is a declaration. If you say that the trust doesn’t exist, that is not evidence either — because there is no foundation for your testimony. It’s true that if the other side fails to object it might come in as evidence but the court will  give it no weight at all unless you say something more.

Most affidavits and declarations are merely repeated denials that the claimant in foreclosure exists or that it has a claim that can be adjudicated in court. Theoretically that denial should be enough to shift the burden onto the attorneys for the claimant to prove their assertions. But the facial validity of documents raises legal presumptions that keeps the burden on the homeowner.

Tonight’s show is about how to shift the burden back to the lawyers for the foreclosure mill which is really not representing anyone in court.

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