What your watching is mediation in the format of a trial. The plaintiff and defendant have signed an agreement to have their case adjudicated by a mediator, Judge Judy. Judge Judy is not bound by the rules of the Court.
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I know that Judge Judy does follow the basic rules of evidence. However, if you want a better source, check out http://www.cochranfirm.com/resources/PersonalInjury/burdenofproof.html.
“The person bringing the lawsuit, the plaintiff, has the burden of proving the elements of his lawsuit. In a civil case, the plaintiff must prove his case by a preponderance of the evidence. That means that he must prove a fact and his damages by showing that something is more likely so than not, i.e. 50.1% versus 49.9%.
“If the judge or jury believes the plaintiff and defendant equally, the plaintiff has failed to meet his burden of proof and his claim must fail. In other words, the tie goes to the defendant. The defendant does not have to prove anything. The defense is free to simply poke holes in the case of the plaintiff.”
There’s more at the website, but, like I said before, allegations carry absolutely no weight in a court. You need evidence. Without it, you don’t have a leg to stand on and you will lose without the defendant having to lift a finger!
“The person bringing the lawsuit, the plaintiff, has the burden of proving the elements of his lawsuit. In a civil case, the plaintiff must prove his case by a preponderance of the evidence. That means that he must prove a fact and his damages by showing that something is more likely so than not, i.e. 50.1% versus 49.9%.
“If the judge or jury believes the plaintiff and defendant equally, the plaintiff has failed to meet his burden of proof and his claim must fail. In other words, the tie goes to the defendant. The defendant does not have to prove anything. The defense is free to simply poke holes in the case of the plaintiff.”
In a civil suit, the plaintiff files a complaint with allegations against the defendant. The defendant must respond (Motion to Dismiss) or answer the complaint (deny all allegations).
If the defendant responds and the Court overrules the motion to dismiss, the defendant must answer. The answer must deny all allegations made in the complaint. Any allegation not denied by the defendant is considered to be fact. From the prospective of the Court, all allegations are considered to be true until successfully defended by the defendant. The defendant doesn’t have to prove the allegations untrue. The defendant must deny the allegations or they will be found to be fact. The defendant may choose to submit evidence and witnesses to support their defense, but they are not required to submit anything after they have denied the allegations.
The plaintiff can subpoena evidence for rebuttal during the discovery phase. The discovery phase occurs after hearing on the defendant’s response, if any, is held. It is during the discovery phase the plaintiff’s attorney will subpoena evidence from the defendant or witnesses who have evidence on the defendant to offer a rebuttal to the defense’s argument.
The plaintiff must prove they have suffered a harm when damages are considered. A hearing on damages comes after the defendant has an opportunity to be heard and present evidence the allegations are unfounded. The plaintiff has an opportunity to cross-examine defendant’s witnesses. After that, the plaintiff may a rebuttal to defendant’s argument with their own witnesses and evidence.
Generally, a judge will conduct a hearing on damages before a decision is reached as to whether or not the defendant as met the burden of successfully defending himself/herself from the allegations. Consequently, some people become confused on burden of proof.
The plaintiff must prove they have suffered harm because of the actions committed by the defendant and the defendant’s actions are contrary to law. Using your example from the Judge Judy show, let’s say a wedding planner is sued because they ruined a bride’s wedding.
Judge Judy will ask the wedding planner for his defense against the allegation. The wedding planner says he was too sick to work that day. Judge Judy asks the bride if the wedding took place. The bride says the wedding took place.
Judge Judy asks, “How could any harm come to you when the wedding took place? Why do you need a wedding planner? He says he was sick. Obviously, you prepared a backup plan because the wedding took place.”
The bride presents a witness to rebut the wedding planner’s defense. The rebuttal witness testifies she paid the wedding planner $1,000 to plan her wedding on the same day as the bride. She also testifies the wedding planner was at her wedding on that day.
The bride testifies she had a contract with the wedding planner and pre-paid $500 to plan her wedding on the same day as the rebuttal witness. The plaintiff gives the contract to Judge Judy to prove she has suffered a harm. Furthermore, her witness discredits the defense.
In a civil suit, the plaintiff must prove a harm has occurred due to the defendant’s negligence after the defendant unsuccessfully defends himself/herself against the allegations in the complaint. During the discovery phase, the plaintiff may subpoena witnesses and documents to rebut the defendant’s argument.
Contrary to very popular belief, evidence from skip tracing databases, witness affidavits and internet theories are not considered by the judge in pre-trial motions. Orly could submit a stack of verified, certified, authenicated documents and they won’t be considered until the case goes to trail and the Court ask for plaintiff’s rebuttal to the defense.
After the defense presents his/her case the allegations are not true. The plaintiff presents a rebuttal to the defense’s argument. At this time, the Court will consider plaintiff’s evidence and witness testimony.
For example, Orly alleges Obama is not a natural born citizen of the U.S. and her client suffered harm because he was elected to an office he is not qualified for.
Obama offers a motion to dismiss because the election is really voted on by the electoral college, the vote has taken place, not one Congressman or Senator objected during the vote tally and he has been sworn in to a second term.
Orly should argue the case is about a harm suffered by her client due to the actions of the defendant(s) and not about Obama being sworn in.
If the motion to dismiss is overruled, the discovery phase will begin. Obviously, Obama will present his HI COLB to prove his natural born citizenship status. Orly will (should) be given an opportunity to cross examine the witness presenting the COLB. Then she will be given the opportunity to rebut Obama’s argument he is a natural born citizen by having a witness from DHS present Obama’s immigration file with his Certificate of Naturalization. Federal documents supercede the viability of state documents. The rebuttal overcomes the burden of proof beyond the preponderance of the evidence that Obama is a naturalized U.S. citizen regardless of where he was born.