Legal Assistance with Evidence Problems
Questioner
I have to respond to a summons alleging that crucial evidence has been tampered with, most likely DELIBERATELY. Two exhibits were included that were supposed to show the condition of an object BEFORE and AFTER use. However, photos of BEFORE were added to the AFTER exhibits. How do I legally define, with the strictest certainty, that these exhibits have been fraudulently used, and ask the judge to reject this evidence in its entirety?Questioner
This is difficult to answer in general terms. It depends heavily on the details of the case. I advise you to seek legal assistance. You can contact one of the lawyers on this site directly, without obligation, for example, via the "direct contact" link that you will see with this answer if you are logged in.Questioner
My point is to formulate "fraud" with evidence "neatly" in stark terms, leaving it unclear whether the other party DELIBERATELY (or through error) introduced false evidence.Questioner
Your question concerns the law of evidence in civil cases. It's a doctrine that even lawyers can study for years. You want to cover everything in a few lines. That's rather ambitious. Here's an attempt to offer some guidance. Identify which pieces of evidence you believe are not authentic (real) and indicate what you believe is wrong with those photos. Also, point out that the person submitting the photos will have to demonstrate that they were not subsequently manipulated and that they are indeed from the date claimed.Questioner
It's a bit simpler than expected. The opposing party submitted a list of photos from a specific date as evidence. In its statement of defense, the opposing party uses some of these photos but claims they are from a different time. So, this isn't a case of questionable manipulation of photos/dates, but simply a blatantly obvious "error" (or, in the case of a deliberate act: "fraud/falsification/...") of the submitted evidence. I'm looking for the right terminology to communicate this concisely and concisely, and I'd like a judge to consider skipping the photo evidence altogether because the opposing party is so manipulative.Questioner
A judge isn't bothered by harsh language. The judge simply wants you to clearly explain what's incorrect. So, if you clearly state in your conclusion that the date on the photos isn't the date used in the conclusion, the judge will understand.Take the next step
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