Evidence


#1

My claim was filed in response to her claim for separation from bed and board. I wanted to do a response with evidence that she committed perjury on just about every statement she submitted. He said just respond admit, admit, deny, deny, ect. I trusted him and then we went to court, and he submitted none of the evidence I gave him. It was basically my word against hers.

The judge dismissed both her claim, but left it open just in case things change and she can file a new claim.

I was just wondering how I can get all this evidence into my case file. Can I file an amendment to my claim? What do you have to do to get all the stuff I have into the court record. I am kind of worried down the road someone pulling this court file, and I have this action against me. What would you do?


#2

North Carolina is a notice pleading state, and therefore a simple admission or denial of allegations is proper. If the judge dismissed the claim it was unfounded even without your presenting evidence at trial. Evidence is not admitted through court pleadings.


#3

Then what is the procedure for admitting evidence into the court record?


#4

You have to have a trial.


#5

but at some point you have to admit the evidence for the other party, so they have had a chance to review the evidence before the trial. When do you submit the evidence and how?

I had my case and I had copies of my evidence with me, but it wasn’t admitted to the court, so I couldn’t use it.

How do you submit your evidence for trial?


#6

Evidence is presented for the record at trial. Discovery is a process by which information is exchanged between sides prior to trial. In your case the claim was dismissed so there was no opportunity, or need to deal with evidence.