I have seen too many pro se litigants who wrongly think, as I used to, that just because they have made a piece of evidence a part of their motion or pleading by attaching it as an exhibit that they have also placed their evidence in the record as evidence. Nothing could be further from the truth. There is a process you must go through to get your evidence on the record as evidence. The following process explains how to get your evidence recorded as such and for this illustration I will use a Deed of Trust for an example.
You would want to inform the court what your evidence is, and what it proves. Always take at least 3 copies of whatever it is you are going to offer to the court, I will explain why below.
- Your Honor, I have here a 16 page document titled Deed of Trust.
- This document was allegedly executed on November first 2005, by John Doe and it evidences a breach of contract.
- Hold the document up for the court to see, and ask, “May I approach”? This is asking the judge if you can give the document to him. He will likely say yes and instruct you to hand it to the bailiff or the court reporter, or he may instruct you to give it directly to him. If the judge offers no instruction, ask, “To whom shall I offer this document to sir?” He will then tell you who to hand it to.
- Take your 3 copies to opposing counsel and show him all 3 for comparison. This is the opposing counsel’s chance to object to your evidence if he has an objection. If opposing counsel objects, have a reason why your evidence should be allowed on the record by restating what the evidence shows i.e. breach of covenant/s = breach of contract.
- If counsel has no objection or if his objection is overruled follow the court’s instruction in re whom to hand it to.
- Take all 3 copies to whomever the court instructs to have it marked by the court as an exhibit.
- Once marked the court will keep a copy and return 2. Give 1 to opposing counsel, and keep one for your records.
- Then you can go into your explanation of what the evidence shows i.e. Your Honor, I would like to call the court’s attention to page 4, covenant 16 of the document, titled Governing Law and Severability, in where it states to wit; “This security instrument shall be governed by Federal law and the laws of the jurisdiction in which the property is located.” The Plaintiff did in fact fail to comply with written Federal and state statutes, in regard to the following… (list all of the federal and state statutory violations) all of which your Honor equate a breach of this contract.
That is how you get your evidence entered into the record of evidence.
Good luck, and if you would like to discuss this information in further detail of you are in foreclosure and you are in need of Competent Evidence that can be entered into the record please contact me privately and I will be glad to assist you to the best of my ability.