I joined a counter suit with my fiancée for defamation of character, abuse of process , and malicious prosecution against a dirtbag who has dragged our family through the mud. My claim stated for myself and my minor child. Their answer for joinder asked for "strict proof" as well as that the claim be dismissed. My Question is how do I respond? Do I need to send copies of receipts showing the cost of damages? Do I need to show proof we are both legal parents to our child? I have a lot of documentation supporting my claim, but isn't that what a trial is for? Do I even need to respond, I don't want this dismissed because I did nothing. Please don't tell me to get a lawyer... I would if the defense at criminal trial and first civil suit didn't break us. Thanks for any help you may be able to give.

Hello gem:

I don't know exactly what that is, but I'm sure you don't mail your evidence to them.

You NEED to find out what it is, though. This isn't going to be the first legal test they'll put you through. I'd hire a lawyer...

Oh, I see that you don't want me to tell you that. All right, what you need is a copy of the rules of the court. So, go buy a copy. You can probably find it at your local college bookstore. It'll be entitled something like "Rules of Civil Procedure" for the xxxxx court in the xxxx district of the state of xxxx.

It might not help much because the rules still take a lawyer to figure out, but...

excon

My GUESS is that "strict proof" allows the matter to be decided (eg: via a dismissal or summary judgement) *before* getting to the "discovery" stage or trial. If they demand it, and you provide it willingly, the judge can immediately reject their motion to dismiss your suit.
I'm no laywer - I'm guessing.