What Happens if a Party Doesn't Follow an Order to File Evidence With the Court
My question involves small claims court in the state of: Washington
Pretty simple, the Plantiff missed the deadline imposed by the judge back in November 2015 to have the evidence sent to me. Because I have a restraining oder against the plaintiff the judge in the case stated that he was supposed to have the evidence delivered to the court, which in turn they would send to me afterwords. I contacted the court clerk this morning and she stated that nothing had been turned in. I on the other hand had my evidence delivered last week. I sent it from out of state and had it delivered via post office (with sig) and a delivery service to drop off.
So now that the plaintiff has missed the deadline, what do I do? How do I prep for my case in regards to not being able to see what he is presenting? Can I get a default judgement against the plaintiff?
He is also posting stuff online (Social Media) about me against the judges orders from the restraining order back in June. He also sent my lawyer in WA a bunch of emails stating that he will have me served in open court for two more lawsuits and such just to drain me financially. Being that my lawyer cannot legally represent me in small claims court and only advise me before and after the fact of each case, I am just confused again.
Please keep in mind that I have a DV protection order in WA state that in enforcement in both WA state and where I currently live. The plaintiff also plead guilty in a case resulting from violating said restraining order and currently has a 1 year of unsupervised probation this past December. When it rains, it pours....
Also, can I use the the above stated guilty plea of harassment to show the judge that this is just a continuation of a repeated pattern of intimidation and online abuse (I have proof of all the most recent stuff as well as past issues) (I listened to the court recording from his guilty plea where the judge stated on audio that his criminal case will not help his civil case.
Many thanks.
Re: Evidence in Small Claims Court
Why was the other party required to provide their evidence 2 months ago yet you submitted yours only last week? That alone seems problematic.
As to what you do: defend yourself in court when it gets in to court. If he attempts to submit evidence beyond a legally enforceable deadline you object to the admission of the evidence. If that is absolutely necessary to prevail in his case, well, he would lose. Oh well
dont expect it to be this easy though. Unless there is an absolute deadline to submit evidence and if there is no possibility of seeking an extension of time to be allowed to submit evidence, he may be able to have the evidence entered yet.
Regaeding the social media stuff; I presume the order to refrain from such activity is from a different court. Regardless if he is violating some order you need to report it to the proper authorities.
Re: Evidence in Small Claims Court
Myself (The defendent) was prepared for court back in November and had all my evidence ready to go. The plaintiff requested more time to gather his evidence and the judge allowed the extension to a few days ago this week. The judge stated to both of us that we were to trade evidence no more than 2 weeks prior to the case being heard (Coming up in less than two weeks) As I said, I sent the plaintiff my evidence earlier this week and the plaintiff has not produced nothing according to the court clerk. I am gonna object because the plaintiff has reached the time limit imposed.
So I am gonna bring up and object to another extension if they ask for another.
The plaintiff also stated that he is gonna serve me in open court with two more lawsuits if he doesn't win this case. Is there a way to stop this from happening? I am not a legal resident of the state of WA anymore and for me to keep flying out is costing me money. I have also taken steps in regards to the constant posting on social media about me...
Re: Evidence in Small Claims Court
Oh, so when you said the plaintiff was required to submit his evidence months ago you weren't being honest. Ok.
As as doing anything to prevent being served in court: nope.
I have no idea why you are being sued but I would suggest you figure out ways to avoid being sued or at least avoid allowing yourself to be required return to Washington to answer a suit.
Beyond that whether the issue could be considered an abuse of process or malicious prosecution is not something i can say.
Re: Evidence in Small Claims Court
Re: Evidence in Small Claims Court
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jk
Oh, so when you said the plaintiff was required to submit his evidence months ago you weren't being honest. Ok.
As as doing anything to prevent being served in court: nope.
I have no idea why you are being sued but I would suggest you figure out ways to avoid being sued or at least avoid allowing yourself to be required return to Washington to answer a suit.
Beyond that whether the issue could be considered an abuse of process or malicious prosecution is not something i can say.
I am sorry I was not being clear in the first posting, honest mistake as I was not trying to mislead anyone. When we went to court in November, the judge asked me if I was ready..I said "Yes" The judge asked the plaintiff if they were ready, the party said "No" the judge then granted an extension with a deadline for BOTH OF US no later "This date" (2 weeks before the trial, more-so for the plaintiff) As I stated, I sent my evidence to the plaintiff earlier this week and the plaintiff still has not sent their evidence. So I am going to ask for the cases to be dismissed on both counts because the evidence has not been presented to me in a timely manner.
Re: Evidence in Small Claims Court
Not submitting evidence is not a basis to dismiss the case. He has a right to present his case, whatever it is. It's just that if he needed the evidence to prove his case he will likely lose.
All you can do is object to the use of any evidence not submitted to the court as required should be attempt to use any
Re: Evidence in Small Claims Court
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SamWA1973
So now that the plaintiff has missed the deadline, what do I do? How do I prep for my case in regards to not being able to see what he is presenting? Can I get a default judgement against the plaintiff?
From what I have found there is no motion practice in a Washington small claims court, meaning that any argument you make on the issue would be made at the time of the hearing on the lawsuit. Dismissal is the strongest possible sanction, and courts are reluctant to impose it; if you ask for dismissal (or even if you don't), it would seem reasonable to argue in the alternative that you've already had one adjournment because the plaintiff was not ready, and that it would be reasonable under the circumstances to order the case to proceed but with the exclusion from the plaintiff's case of the evidence that he failed to file with the court, as ordered. You might also ask for sanctions in the amount of your travel costs. It may not even be necessary to propose a sanction, as the court may order its own sanction upon being informed of the plaintiff's non-compliance.
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Quoting SamWA1973
He also sent my lawyer in WA a bunch of emails stating that he will have me served in open court for two more lawsuits and such just to drain me financially.
These would be additional small claims cases, to be heard by the same court? Without knowing the subject matter of the proposed additional lawsuits, it's impossible to give you a clear strategy, but if they're essentially duplicative of the lawsuit that is already before the court, I would consider asking the court to consolidate the cases and resolve them all at the same time. The court can review the complaints to determine if principles of res judicata or collateral estoppel apply -- that is, if the plaintiff is filing additional lawsuits that would attempt to re-litigate the case pending in small claims court, or claims that should have been brought as part of that action in the interest of judicial economy. You can discuss that possible strategy (and other possible strategies) with your lawyer.
You can check with the clerk of the court prior to the hearing to see if any other lawsuits have been filed. I suggest doing that now, and then following up with additional checks as the hearing date approaches.
If the plaintiff attempts to dismiss his own case before the close of his proofs, he may be able to do so as a matter of right -- see CRLJ 41 -- but if he tries that I suggest asking the court to dismiss the matter with prejudice. (Don't mix up your words -- a case that is dismissed with prejudice cannot be refiled; a case dismissed without prejudice can be refiled, so the plaintiff would effectively get a do-over.)
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Quoting SamWA1973
Also, can I use the the above stated guilty plea of harassment to show the judge that this is just a continuation of a repeated pattern of intimidation and online abuse....
How would that be relevant to the plaintiff's claim that you owe him money?
Re: Evidence in Small Claims Court
Thank you Mr. Knowitall!!! i appreciate the advice and it gives me a clearer picture as to what can happen.
In response to the third question, I retrieved the audio from the court in regards to the case where the plaintiff plead guilty to harassing me via online. The Judge (who has heard both the first civil case and his guilty plea a few months later) stated in the audio (And I quote) "Mr. ____________ this is not going to help your civil case that you have with the person you stalked" The plaintiff said "Sorry" to the court and the case ended. So I am just gonna try to establish a pattern a abuse, along with the documents that help me prove the money aspect of the case.
Re: Evidence in Small Claims Court
. The other issue has nothing to do with the current suit. You are currently embroiled in a civil suit involving property/money. Either the facts support the plaintiffs claim or it doesn't. He can be the biggest jackass in the world and treat everybody like crsp. It does not affect whether his claim is valid or not and it does not mean he can't prevail if his evidence and arguments prove his case such it meets the legal standard of a preponderance of the evidence.
Re: Evidence in Small Claims Court
So I went to court last Friday. The court found that I had to pay back $1300 dollars for cleaning expenses at our former residence. Everything else was thrown out by the judge (because of email messages and such) and that the statute of limitations ran out on the other suit.
So now I found out that the plaintiff wants to appeal the $3700 that he was not granted in judgement. From what I have read in WA state small claims appeal, the party would have to post twice that amount in a form of a bond and spend another $200 to file the case. Here is the thing, I reside back on the east coast (NE). I moved to get away from him because of the police matters that were involved back in 2014. The party served me with these cases just before I left the state last year.