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WHAT
EVIDENCE DO I NEED?
Once
a claim is brought before a court hearing the
judges must make a decision based on the evidence
presented to them. The quality of the evidence
can have a significant influence on the outcome
of the claim.
Your evidence should be accurate and truthful.
Original documents should be taken to court
but copies can be submitted prior to the hearing.
Do not alter any documents or statements as
the defence team may have thier own originals.
Before the hearing the court will need copies
of all evidence you intend to submit in order
to support your case.This evidence will also
be seen by the defence team if your case is
defended by the other side.If you need to present
evidence to the court which you have not declared
prior to the hearing you will need to obtain
permission from the judge.
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Evidence
can be classified as follows:
Invoices and bills are usually presented to support
claims for overcharging, remedial work or replacements.
If the work has been completed final invoices
should be presented. If the work has not been
completed then interim invoices, estimates and/or
pro-forma invoices can be presented to the small
claims court.
If the court claim is for work yet to be carried
out, it is advisable to produce three independent
estimates for the work. Where remedial work is
required to correct poor workmanship it is advisable
to obtain a specialist report as detailed below.
Present
every relevant document connected with your claim
as you can find. Details of correspondence between
you and contracts signed to. You are well advised
to give the other side the opportunity to propose
remedy before taking legal action against them,
but get thier response in writing if you can.
Important correspondence that you require proof
of delivery for should be sent via recorded delivery
and the receipt confirmed - this can be done on
line at http://www.royalmail.com and the receipt
printed. Emails are now admissible but do get
a receipts for confirmation. Faxes are still widely
used and are acceptable in court.
When a claim relies on visual evidence such as
legal cases involving the cost or standard of
remedial work to property, motor vehicles and
other objects which have suffered damage photographs
can be accepted in court as a record of damage.
There is a problem with digital photographs in
that they can easily be altered or re-touched
through the use of modern graphic software. A
good defendant or thier legal council may point
this out to the judge. Conventional photographs
do not provide this argument as the the negatives
can prove the case.
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