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| How do I Defend
or try a Civil Case without a Lawyer? |
- Bring with you all evidence necessary to
prove your claim or your defense.
- Anything that will help prove the facts in
dispute should be brought to Court. This includes written
agreements, leases, receipts, and photographs. Originals–not
photocopies–may be required.
- Public Documents must be certified by the
agency producing such documents. A certification is a statement
that the documents are true copies of an agency's records.
The person bringing the lawsuit in a Landlord/Tenant matter should
bring:
- Original or certified copy of the deed to
the building.
- The lease for the party you are suing, if
there is a lease.
- Certified copies of registration statements.
- Record keeping books.
- Any other documents that are relevant to
the claims you are making.
- Witnesses–for example; a superintendent
or mechanic who can testify as to attempts to gain access
and/or attempts to repair conditions, if conditions are an
issue)
The Tenant in a Landlord/Tenant matter should bring:
- Rent receipts, checks or other proof of
rent payments.
- The lease for your apartment, if you have
a lease.
- Photographs of any conditions you are claiming.
- Heat charts, if heat is an issue and you
kept such a record.
- Receipts or bills for any money you claim
you spent.
- Any other documents that are relevant to
your defense or to the claims you are making.
- Witnesses–for example; a friend or
neighbor who has seen a condition complained of, if conditions
are an issue.
Sworn testimony is evidence–including your own:
- Any witness whose testimony is important
to your case may testify in person before the Court. This
can be someone who witnessed the events or someone whose
special knowledge and experience makes him or her an expert
on the cost of the services or repairs that were provided
or may be required.
- A signed and notarized statement cannot
be used in the place of live testimony and is not admissible
as evidence.
Subpoena (A legal document that commands the person named in
the subpoena to appear in Court to testify):
- If you are unable to get a witness to appear
voluntarily or need certain records from a government agency,
you may apply to the Court for issuance of a Subpoena.
- Subpoena Duces Tecum (A legal document that
directs someone to produce in Court a written document or
record you need).
Note: Either party may apply for a Subpoena before the trial/hearing
date. An expert witness may not be compelled to testify by
Subpoena, but you may pay the expert witness for coming to
Court to testify.
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