Monday, June 29, 2015

Shenanigans with trial exhibits in New York courts - a rule and policy of discrimination?

Another case of playing tricks with trial exhibits was reported to me by a reader of my blog.

The reader, a pro se litigant, together with the counsel for the opponent, was directed, after trial, to submit a summation statement to the court, before the court issues a decision.

When the reader tried to review trial exhibits at the Chenango County Supreme court, he was denied access to exhibits.

Yet, when he asked where the exhibits are, he was told that the opposing attorney was given the exhibits - both those submitted by the attorney and those submitted by the pro se party - and has them in her office for review.

So, the claims of the New York State Court Administration that trial exhibits remain at all times in the custody of the county clerk and after trial go directly to the party who submitted them are not what the reality is.

The reality is that trial exhibits are given for review to those attorneys who the court favor and are not given for review to those pro se parties and attorneys who the courts/presiding judges disfavor, even if those exhibits are their own, submitted by them at the trial.

I invite readers of my blog to e-mail me at tatiana.neroni@gmail.com reports of their experience as to access to trial exhibits, whether pre-marked and before trial, or after trial before and after the trial decision, if they were given review of such by New York State courts and if not, about the circumstances and reasoning given by the courts for not giving such access.

If the reporters permit, I will publish their stories.

Stay tuned.



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