Legal Question in Business Law in California

Re: Submitting documents in court

I assume that the letters contain relevant and perhaps damaging admissions by the defendants. They need only be authenticated, that is testimony that they were signed by the parties, either by a witness, or by one who is familiar with their signatures, They, the writers, could acknowledge their signatures on the witness stand, but don't rely on that. Again, assuming relevance, they would then be admissible. To get a notary to notarize the letters, would only prove that they were the ones who executed the letters. Also, unless the were signed before a notary, they could not be notarized, unless the writers who signed the letters, went to the notary and acknowledged that he/she had signed the documents, and then you'd get a notarial acknowledgement only. It seems unlikely that they would acknowledge their signatures before a notary, especially if they contain damaging admissions. Again, if they would you could have them so testify in court. But be prepared for their denial.

Re: Submitting documents in court

Under no circumstances will those letters ever be

admissible evidence. They are hearsay. However, in

small claims court you can get away with hearsay.

If you plan to go to regular court your

letter writers will have to testify, personally.

Re: Submitting documents in court

You have two hurdles to overcome, authenticity and the hearsay rule.

If this case is in small claims court, the judge will probably receive the letters into evidence and give them evidentiary weight according to his own opinion as to their authenticity and reliability.

In regular court, especially if it is a jury trial, you will have to offer additional evidence that the letters are authentic. Further, they cannot be offered to establish the truth of any matter set forth therein unless the writer is sworn as a witness and testifies;otherwise they are hearsay.

However, the letters may be admissible and NOT hearsay if the purpose of offering them in evidence is not to prove the truth of a matter asserted in the letters. For example, a contract can be admitted even though the writer of the contract is not present in court to testify for the purpose of showing the existence of a contract, but if (for example) the contract contains an assertion "We are the most experienced house painters in Eureka County" it is NOT admissible as evidence of that asserted fact.

You should not try to represent yourself in regular court if documentary evidence is required to prove your case. The other side's lawyer will find a way to derail you. Get your own attorney.

If it's small claims, you can help support your written evidence by having the writers there to testify on your behalf, if they are friendly or neutral. I would avoid calling hostile witnesses in small claims.