Recent content by sallybaxter

Great info in this thread thanks for the feedback!

establishes that something I am saying happened did happen (or data shows more than likely) and by extension that defendant is lying.

submitted transcript of defendant testimony in lower court is hearsay? one example, saying was at certain location at certian time when data evidence shows otherwise.

OH so there are 4 possible hearings? That is news to me. Thanks for pointing that out ( the wording is not very clear)

Just read whole page...seems to say 1. small claims. 2. Do-Over 3. Appeal to Supreme Court.

Thanks for that description of the district court and Supreme court processes. I do want to make a strong case to the district court. I am hoping to introduce the defendants own testimony in #1 at the district court (#2) in the few instances where I can prove they are lying.

Thanks for that clarification. At this point I'd better focus on #2 and worry about the other stuff if need be later.

lots of stuff happened but this question was only about one isse (or non issue). the judge made statement "I have the unrebutted testimony" as causal to or influential to her disposition. i argue it was already on record via my testamony so it was not unrebutted testimony. naturally the only...

It is a general question. What specifics could possibly influence an opinion?? Either I failed to state it right or you failed to read it right...oh well right?

Sorry not trying to be vague but there really are not many specifics...other than just kind of a procedural question in the ether at this point. My understanding is in ID if you file a small claims case you get 3 total chances. 1 small claims. 2. Do-Over 3. Appeal to Supreme Court. And my...

Thanks yes I understand it is de novo. When I say appellant review I mean at the 3rd stage Supreme court review. So assume I loose at 1 and 2. I was wondering if it "could be" a strategy (not a good one or normal one just that it theoretically could be one) to First bring 1 facts/issues into 2...

Yes but how much deference does Appellant review give that judge if judge made statement "I have the unrebutted testimony" as causal to or influential to her disposition.

Case was small claims getting ready for DeNovo and predicting possibe Appellant review: Plaintiff already testified to something. Then Defendant denied and gave different account. Plaintiff did not then refute Defendant version. But wouldn't the Plaintiff first testimony BE the rebuttle since it...

ID Hard to put this into words but I'll try. If Plaintiff goes first and Defendant goes second...then Plaintiff has only 1 chance to rebute Defendant testimony? As well, if Plaintiff already testified to something. Then Defendant denied and gave different account. Then Plaintiff did not refute...

Defendant lied on severl accounts in small claims. Now going to appeal, In 2 accounts child was there to see the event that was not what defendant is saying happened.