i am in the process of wriritng my grounds of defense for a file brought against me by a creditor, my question is can i attack the evidence ...

Question

i am in the process of wriritng my grounds of defense for a file brought against me by a creditor, my question is can i attack the evidence that the plaintiff has given in as their burden and two do i need to attach my evidence to my grounds of defense in order to use it at trial, and if so, do i send a copy to the plaintiff's.. I am a little confused about whether i sue file the evidence i plan on using at trial.

Answer

You must DENY by TOPIC everything you want to deny at trial, and raise by TOPIC everything you want to raise in defense. You do not have to attach your evidence, although if you can it wouldn't hurt to play it safe.

I would not, personally, attach your evidence. However, if you feel better doing it, you can.

You must describe topically what you deny and what you claim is your defense. If you don't include a defense or denial in the Grounds of Defense, the Court could enter summary judgment against you before the trial even starts.

Technically, there is a rule -- that nobody ever follows -- that the Plaintiff must include in their Bill of Particulars all of their claims and evidence. I have never seen that rule followed, despite my efforts. I am not aware of any such rule about the defendant, but if you want to play it safe, go ahead and attach your evidence to your Grounds of Defense.

I don't know what you mean by can you attack the evidence. They do have to carry their burden of proof. If you want to challenge the credibility or accuracy of their evidence, sure, absolutely, you should do so. Explain why you think the evidence is not accurate. And yes, they have to carry their burden of proof.

If you don't deny something, the Court can take it as TRUE, and the Plaintiff has carried its burden of proof.

ABSOLUTELY YOU MUST SEND A COPY OT THE PLAINTIFF'S ATTORNEY *AND* the Court, on time. You will be screwed if you don't.