How can I submit written evidence to a court case?
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How can I submit written evidence to a court case?
I attended a foreclosure hearing for my next door neighbor so I could find out if
the foreclosure was going through or not. The defendant invoked my name as an
intimidating person, slandering me with false statements during the trial. The
judge said,
Asked on September 27, 2018 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, you cannot "strike" testimony given in someone else's case, even if you believe it false; you cannot make motions in a case in which you are not a party; and you similarly cannot submit evidence if you are not a party to a case and/or called as a witness by one of the parties. The defendant may have "invoked your name," but you're still not part of the case and have no right to participate in it.
Don't worry about the "public record" aspect: trial testimony is not searchable by Google or otherwise. To see the record, someone would have to order--and pay for--a transcript or recording of the trial, which could cost hundreds of dollars (at least in NJ, where I practice, it could cost $100s), and so it is very unlikely that anyone will order a transcript of this specfic case. And even if someone gets the transcript, that just gives them a copy--it does not automatically go out on the web. And even if someone buys the transcript and goes to the effort to post elements from it, that's just posting what one person happened to say: it's not in any way guaranteed to be accurate or reliable.
People get badmouthed in court all the time--at least monthly (sometimes weekly), I have the other side or their lawyer make some insulting accusation about me on the record. It doesn't mean anything.
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