Legal Question in Civil Litigation in California
if you are wanting to file a lawsuit against someone for a loan that the only proof you have is a text on a cell phone and the other party lives in a different city, can the text be admissable and what city should the filing be done?
Asked on 8/09/11, 6:46 pm
1 Answer from Attorneys
Joel Selik
www.SelikLaw.com
The city may be where the contract was entered, where the contract was to be performed or where the defendant lives. You may, therefore, be able to file lawsuit where it is convenient for you. You may be able to subpoena telephone records, including text messages. Additionally, it may be admissable as the statement of a party opponent. Admissibility is one thing, persuasiveness is another so if you can get the telephone records it may be stronger.
Answered on 8/10/11, 8:27 am
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