In Florida probate litigation the rules of evidence apply. Do you know what that means? You may not just need to get evidence, you may have to speak to a Florida estate attorney about how to get that evidence admitted at trial. How much do you know about getting your evidence admitted in your Florida probate trial? Check out this recent case from the Fourth District Court of Appeal to learn more.
Evidence & Admissability
- A lot of people think that evidence is just about collecting physical documents, videos and reports etc.
- Florida estate lawyers know it is not that simple.
- Do you know why?
- Estate litigation in Florida is subject to the rules of Florida evidence.
- Florida probate lawyers know these rules can be tricky to understand.
- One important thing a lot of people do not understand is the rules on foundation of evidence.
- What does that mean?
- Check out this recent Florida appeal to learn more.
- Ask yourself, what does this have to do with estate litigation in Florida?
Wells Fargo v. Balkissoon
- This was a pretty standard appeal based on a foreclosure in Broward County.
- What is interesting is the lesson it teaches Florida probate litigants about evidence and laying foundations.
- The foundation of evidence is what assures the probate court the evidence is proper to admit.
- Florida probate lawyers for the most part need to elicit testimony from Parties to lay a foundation.
- In other words an estate lawyer in Florida may ask if the witness recognizes the document, how they recognize it, who made it etc.
- These are important questions to ask.
- Do you see why?
- Without it you may not be able to get that evidence in.
- For example, in this case, the trial court dismissed the lawsuit when the bank failed to prove they were owed money.
- They could not show that because the trial court did not allow the introduction of key evidence.
- Why?
- Because the bank did a poor job establishing a foundation.
- See why it is so important to use a Florida estate lawyer that understands the rules of evidence in probate litigation?
Want to learn more?
Check out the entire case by clicking here.
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