Legal Question in Civil Litigation in California
I have an order to show cause case coming up and wonder if I am supposed to present my evidence like a lawyer would? My evidence is organized and I have copies and can show it at any time. But am I supposed to have a list of what it is? Exhibit A/b etc? Thank you in advance for any help.
3 Answers from Attorneys
Yes, you are supposed to present your evidence "like a lawyer would." Being well organized and having lots of copies of everything won't quite make up for not having a lawyer, especially if you're up against a lawyer, but it will help. Some papers aren't admissible in evidence, for example that letter from your Uncle Bob.
Depends upon what and who is ordered to show cause. These kind of hearings are mostly straightforward and don't require formal presentation of evidence like it sounds like you are imagining. Be prepared to answer as to whatever the court is asking... if you need to provide proof of service, for instance, provide it. If you don't have it, you better have a good reason.
The best thing that I can tell you is to consult with your court's local rules to determine what format your papers need to be in. Many courts require an exhibit list and a list of witness. In addition, there are what are known as "local local" rules, which are particular to that courtroom. You should speak to the court clerk when court is not in session, and find out if that particular judge has a handout or a set of rules for having your exhibits and witnesses presented to the court.
Failure to abide by the court's rules can result in your witnesses and evidence being excluded, and appellate courts are reluctant to reverse these types of cases.