Q: PRO SE APPEALS: Can I use certified Court Transcripts from a related case in my present appeal?
PRO SE APPEAL: BASIC QUESTION:
(1.) I am filing an appeal for "Case "A". Can I use certified transcripts (relevant testimony) from a related case ("Case "B"") even though I'm not appealing from what happened in "Case B"'s hearing?
(2.) Does the court have discretion to use anything from a related case as long as I get it certified (by Designation of Court Reporter).
**NOTE: the cases are separate but the Judge and jurisdiction are the same.
Thank you in advance for your time and reply.
A: In general, no. The evidence (the transcript) in Case B was not before the court in Case A. The judge perhaps could have been asked to take judicial notice of the Case B evidence, but presumably was not so asked.
A:
Only a Florida attorney is qualified to answer your question because it would involve state-specific rules of evidence or state exceptions to federal rules. But as a GENERAL matter, the format of this board could make it difficult to look closely at what you contemplate admitting as evidence. You are going pro se and that is commendable. But if something of importance stands to be gained from what it is you wish to admit as evidence, one option (and this is up to you and your budget) might be to explore a short and limited consult with a Florida attorney who could examine more closely the evidence for its probative value and whether it might encounter objections in terms of hearsay or other issues. Good luck
Tim Akpinar
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
