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    Seriozha's Avatar
    Seriozha Posts: 2, Reputation: 1
    New Member
     
    #1

    Oct 20, 2008, 02:23 PM
    Were my rights violated at trial?
    I am the president of a company that sued an individual for for non-payment of our services in a small claim court. We do not have lawyer representation.Please help me to clarify what happen in the trial.
    1-The defendant's lawyer moved the judge to consider myself as witness and not as plaintiff, because the plaintiff is the corporation (he argueed), then the lawyer other side did a cross examination to me.
    2- The lawyer other side failed to exchange documents and send a list of witness, I filed a motion to exclude any documents and witness before the trial. The lawyer other side presented couple of documents, I objected without success.
    3- The lawyer testified since the beginning, I objected, the judge denied and said the lawyer is doing a presentation. I objected several times without success.
    4- The judge did a couple of questions to defendant and never ask him for oath to tell the true.
    5- Before the cross examination the judge asked me for oath to tell the true.
    6- The judge did not give me the opportunity for cross examination of the defendant.
    7- The judge never read before the trial the exhibits I filed as evidence.

    Questions:
    Can I be plaintiff and witness at the same time? Were my rights violated in any way?
    Emland's Avatar
    Emland Posts: 2,468, Reputation: 496
    Ultra Member
     
    #2

    Oct 20, 2008, 04:20 PM

    Your experience demonstrates the need to have an attorney. Looks like the defendant's attorney did the "get off on a technicality" thing. I don't see where your rights were violated. He knew how to apply the law and you didn't.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Oct 20, 2008, 04:40 PM

    It sounds like they used every loop hole and every trick to win,
    This is why you could not afford not to have an attorney.

    Did you do a discovery of evidence motion to make them provide you with the evidece they were to use?

    Yes, a corporation is considered a individual and you may represent them but it is the corp that is being sued not you personally. Or doing the sueing.

    You did not say

    Did you give the court a list of witnesses you wanted to talk to.

    Also was this small claims court, their rules are more lax.

    And things are allowed if you don't know what to object to, how to object to it and on what grounds.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #4

    Oct 20, 2008, 05:03 PM

    Usually if this is a corporation in court, a corporation must have an attorney represent it in court. You chose to represent the corporation. You are then considered the plaintiff and a potential witness as there is no "buffer" there such as your attorney. This is perfectly legal since you chose not to hire an attorney.

    Next time even if it is small claims court - have an attorney represent your company and you stand a better chance of winning.

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