White Paper

5 Pages
  • 5 Pages

Preparation of Witness Testimony - Eviction Practices and Procedures

 

Neighbors may be quick to complain but reluctant to help.

While few detainer warrants result in trial, it is important to note that if a trial occurs, then normal rules of evidence and civil procedure apply. Witnesses must be properly qualified and the landlord’s proof of damage must consist of admissible evidence. Written statements in lieu of personal appearance are not admitted as these documents contain hearsay. Credibility is often an issue in Landlord/Tenant disputes and the status of the books and records kept by the Landlord are often important factors in determining who will prevail at trial. This white paper reviews burden of proof, recovery of damages, and judgment and court rules.