How to add evidence to a hearing

mightymoose said:
Which begs the question why any statute of limitations would be extended for trespassing. Makes no sense.
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I've heard people say that with some property in remote areas, one might not immediately know others are trespassing.

My property professor from my law school days often remarked about property laws being archaic.

According to her most of today's existing real property law was codified during the great western expansion of the 19th century.

I've often thought she was onto something in her analysis.
 
Everyone here has brought up so many great points - which I am sincerely grateful. Since I already have a hearing to discuss the Motion to Dismiss, should I or would it hurt to put in a rebuttal to his rebuttal of my Motion to Dismiss? If this is a moot point, then can I write a summary of evidence outlining some point on the false accusation of trespassing and keeping within the 1 year of statue of limitation. If so, how would I title the summary of evidence for the hearing?
 
I would not pass up an opportunity to reply if given the chance. Just keep it brief. You have more time to organize and clearly and concisely express yourself in writing than you do when in the courtroom.

How to title a summary of evidence? "Summary of Evidence" sounds good to me.
 
mightymoose said:
I would not pass up an opportunity to reply if given the chance. Just keep it brief. You have more time to organize and clearly and concisely express yourself in writing than you do when in the courtroom.

How to title a summary of evidence? "Summary of Evidence" sounds good to me.
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Thanks mightymoose. Just a follow-up question. When I put in my Motion to Dismiss, it was required by law to give the Plaintiff a copy, which I did. Would this be the same, meaning am I required to mail a copy of the Summary of Evidence to the Plaintiff for the hearing. I understand this might be required for the trial to make sure there is no surprises and to make the trial go more smoothly.
 
Anything you submit to the court should also be delivered to the other party.

You have a big task on your hands by handling this yourself, but it is not impossible. Good luck with it.
 
Sorry to keep asking for advice. I am trying to hammer out my evidence summary for the hearing. I still confused on Alabama property code, section 25-14-3 (2017)
which states:

Court in which action may be brought; limitations; further proceedings not barred.
Any action for the specific penalties given by this chapter may be brought in any court of competent jurisdiction and must be brought within one year from the time the injury was committed and not after; and neither action brought, nor penalty incurred under any of the provisions of this chapter, is a bar to any action for further damages or to any criminal proceeding for any offense included in the acts for which such penalties are herein imposed or connected therewith.

The phrase in question is: "must be brought within one year from the time the injury was committed and not after; and neither action brought, nor penalty incurred under any of the provision of this chapter, is a bar to any action for further damages or to any criminal proceeding for any offense included...."

a. Does this mean the Plaintiff must bring the trespassing law within the 1 year of the incident?
b. What is the meaning of further damages?
c. The Plaintiff added trespassing to extend the lawsuit to 6 years, let's say the judge allowed this, if I am reading this correctly, he cannot bring damages for the tree that were subject to one year. Only trespassing would be considered for further damages. Is this correct?

Thanks
 
a. It is likely far too late for anyone to raise a legitimate trespass complaint. Since trespass is a criminal offense the plaintiff would have to initiate a crime report with law enforcement and the local prosecutor would have to decide to proceed. That won't happen. I only made a brief look but did not see any civil offense for trespass that might apply.

b. Further damages would be penalties for other related or included offenses. If you had already paid a fine or were otherwise penalized for a particular offense it would not preclude the injured party from seeking damages for the other offenses. This is not something that appears to be relevant to your situation as there was a single act that hinges on the same question regarding permission.

c. How exactly has the plaintiff "added trespassing"? I doubt the statute of limitations on trespassing is six years anyway. That is very long for such a minor offense. Yes, if the filing for the tree issue was late then it can not be resurrected by some other offense that might have a longer statute of limitations. I would be surprised if the time to bring a trespass offense is more than one year.
 
Ok I looked a little deeper and now see the 6 years.

Section 6-5-262 Trespass - Generally.
Section 6-5-262
Trespass - Generally.
Any abuse of or damage done to the personal property of another unlawfully is a trespass for which damages may be recovered.


Apparently there is a six year limit for trespassing, HOWEVER, I don't believe you have a matter of trespass since you claim to have had permission to be on the property. You will want to stress that you had permission and that it was confirmed by the police officer when the initial complaint was made.
A complaint of trespass seems very weak here and unlikely to be successful, partly because it references damage to personal property. The trees and the rest of the land should be considered real property, not personal property.
The other statute that specifically address the trees seems more relevant to the issue.

Just my opinion.
 
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Army Judge, I am a veteran. Is there any hotlines or services to
mightymoose said:
Ok I looked a little deeper and now see the 6 years.
Apparently there is a six year for trespass, HOWEVER, I don't believe you have a matter of trespass since you claim to have had permission to be on the property. You will want to stress that you had permission and that it was confirmed by the police officer when the initial complaint was made.
A complaint of trespass seems very weak here and unlikely to be successful.

Just my opinion.
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Thanks for answering all my questions. I just got off the phone with the reporting police officer. He remembered coming out to the both farms, meeting me and the plaintiff. He however, could not recall exactly what was said since it has been over 2 years ago, but he said he would have no problem coming to the hearing for us and testify that if he wrote it in the police report that is what happened. I told him I would subpoena him so he could get paid. He said that would be great and to insure he would come. Any thought on this?
 
boomer613 said:
Army Judge, I am a veteran. Is there any hotlines or services to

Thanks for answering all my questions. I just got off the phone with the reporting police officer. He remembered coming out to the both farms, meeting me and the plaintiff. He however, could not recall exactly what was said since it has been over 2 years ago, but he said he would have no problem coming to the hearing for us and testify that if he wrote it in the police report that is what happened. I told him I would subpoena him so he could get paid. He said that would be great and to insure he would come. Any thought on this?
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Perfect, but hopefully not needed.
 
mightymoose said:
Ok I looked a little deeper and now see the 6 years.

Section 6-5-262 Trespass - Generally.
Section 6-5-262
Trespass - Generally.
Any abuse of or damage done to the personal property of another unlawfully is a trespass for which damages may be recovered.


Apparently there is a six year limit for trespassing, HOWEVER, I don't believe you have a matter of trespass since you claim to have had permission to be on the property. You will want to stress that you had permission and that it was confirmed by the police officer when the initial complaint was made.
A complaint of trespass seems very weak here and unlikely to be successful, partly because it references damage to personal property. The trees and the rest of the land should be considered real property, not personal property.
The other statute that specifically address the trees seems more relevant to the issue.

Just my opinion.
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Can you expand or define what is the difference between real property and personal property?
 
boomer613 said:
I told him I would subpoena him so he could get paid. He said that would be great and to insure he would come. Any thought on this?
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No, that could be very helpful for you.

You should have a copy of the police report for yourself, the judge, opposing counsel, the witness, and an extra one just in case its required!
 
boomer613 said:
Can you expand or define what is the difference between real property and personal property?
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Real property = real estate (ranch, farm land, pasture, vacant lot, or a home, even a mansion)

Personal property is everything else (car, shotgun, underwear, toys, mobile devices, telephone, dog, cat, buffalo, lion, tiger, etc...)
 
boomer613 said:
Army Judge, I am a veteran. Is there any hotlines or services to
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In Texas each county has (or tries to have) pro bono legal services for veterans.

A county near me, Bell County, is having a walk-in legal clinic for veterans on 27 April.
I participate in as many as I can, and I'll be helping at that one, too.

You can start by asking the county veterans agency in Alabama, if you have one.

You can also ask most veterans organizations for information about pro bono legal services for vets, ie, VFW, DAV, American Legion, etc...
 
army judge said:
No, that could be very helpful for you.

You should have a copy of the police report for yourself, the judge, opposing counsel, the witness, and an extra one just in case its required!
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I talked to the Police Department and they said I can use my earlier subpoena to get 3 copies at the county jail. I plan on doing this on Monday.
 
army judge said:
Real property = real estate (ranch, farm land, pasture, vacant lot, or a home, even a mansion)

Personal property is everything else (car, shotgun, underwear, toys, mobile devices, telephone, dog, cat, buffalo, lion, tiger, etc...)
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Thank you Army Judge. Is there a source that lawyer use to quote legal definitions? I found it on Wikipedia but I do not think this will float in a summary evidence. Wiki defines it like your definition but adds Personal property = movable property. It's anything that can be subject to ownership, except land. Real property = immovable property - it's land and anything attached to the land.
 
army judge said:
In Texas each county has (or tries to have) pro bono legal services for veterans.

A county near me, Bell County, is having a walk-in legal clinic for veterans on 27 April.
I participate in as many as I can, and I'll be helping at that one, too.

You can start by asking the county veterans agency in Alabama, if you have one.

You can also ask most veterans organizations for information about pro bono legal services for vets, ie, VFW, DAV, American Legion, etc...
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Thanks - I'll look into this.
 

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