SPARC Forums
Main Forums => Dear Socrateaser => Topic started by: thistle on Dec 15, 2006, 06:53:27 AM
Opposing party is willing to concede to certain facts so that all evidence does not have be gone though in court.
However I do not trust the opposing party to keep their word and they are willing to sign a statement concede these facts.
Both parties are Pro Se
1. Is there a certain form I must use for a deposition?
2. Can I just write up a paper with the facts the opposing party is willing to concede to and they can sign and notarize it?
thank- you
>1. Is there a certain form I must use for a deposition?
Irrelevant.
>2. Can I just write up a paper with the facts the opposing
>party is willing to concede to and they can sign and notarize
>it?
What you are talking about is a motion stipulating admissions. Example:
Petitioner and Respondent hereby appear and jointly move that the court order the following stiplated facts as conclusively proven:
1. On ??/??/????, Respondent drove minor child, CHILDSNAME, to the park.
2. ...
Dated: _____
By: ________
Petitioner, Pro Se
By: ________
Respondent, Pro Se
Then, you offer it to the court at the beginning of the hearing, at which time the judge will likely ask if this is what both parties want, and if both say yes, then the court will conclusively presume the statements as true.
If a party changes his/her mind, then the court may not admit the facts, and you can ask for a continuance to have time to prepare a case to prove the facts that are not admitted.
Huge help!!!
Thanks!!!!!!!!!!!