MOTION TO EXCLUDE EXHIBITS

mukiialice64
Motions
March 5, 2024

XXX

XXX

Roselle, XXX

XXX

 

Defendant in pro ee

 

 

 

SUPERIOR COURT OF THE STATE OF NEW JERSEY

LAW DIVISION: UNION COUNTY

SPECIAL CIVIL PART

 

 

JESSICA NOLASCO-EDUARDO,

Plaintiff,

vs.

XXX,

Defendant(s)

 )

)

)

)

)

)

)

)

)

)

 Docket No.: UNN LT 005891-22

 

 

DEFENDANT’S MOTION TO EXCLUDE EXHIBITS

 

NOTICE OF DEFENDANT’S MOTION TO EXCLUDE EXHIBITS

You are hereby notified that on April 5, 20XX, at 1:00 PM, Defendant will bring on for hearing her Motion to Exclude Exhibits. It will be based on this Notice of Motion, the attached Motion to Exclude Exhibits, exhibits adduced and oral arguments presented during the hearing of the Motion.

 

Dated this 3rd day of April, 2023.

 

 

Respectfully Submitted,

 

Linda Harris,

Defendant in pro se

 

Linda Harris

1615 Wood Avenue, Apt. C2

Roselle, NJ 07203

(732) 850-8695

 

Defendant in pro se

 

 

 

SUPERIOR COURT OF THE STATE OF NEW JERSEY

LAW DIVISION: UNION COUNTY

SPECIAL CIVIL PART

 

 

JESSICA NOLASCO-EDUARDO,

Plaintiff,

vs.

LINDA HARRIS,

Defendant(s)

 )

)

)

)

)

)

)

)

)

)

 Docket No.: UNN LT 005891-22

 

 

DEFENDANT’S MOTION TO EXCLUDE EXHIBITS

 

MOTION TO EXCLUDE EXHIBITS

NOW COMES Linda Harris, Defendant, and files this Motion to Exclude Exhibits, and for cause would show this Honorable Court as follows:

  1. On March 30, 20XX, Plaintiff’s counsel sent Defendant a document(s) which stated that counsel would be using documents presented by PHS as exhibits during trial. The documents include: Bridgeway Housing Referral Form, Bridgeway Rehabilitation Services is not part of this matter.
  2. The documents that Plainfield Housing Authority (“PHA”) produced is in January of 20XX, this matter in regards to this lease in on October 1, 20XX The Defendant, is under the Plainfield Housing Authority Program Section 8 Voucher, Housing Authority of Plainfield Landlord Reference Form which was never received by the Defendant. It now includes the signed Intent To Vacate Notification Forms from the Plaintiff; prior to this; this signed form did not exist.
  3. On February 13, 20XX, when we appeared in Court, the Plaintiff’s counsel had to verify if it was necessary for his client to sign appear to be already signed by the Plaintiff on August 3, 20XX. If the Plaintiff’s counsel already had these forms from the Plaintiff; why did Plaintiff’s counsel need to subpoena the all PHA records if the Plaintiff’s counsel had these documents in his possession already? Why did the Plaintiff’s counsel have to file Notice of Motion to Enforce Litigant’s Rights Pursuant to R: 1:10-3 to appear on Short Notice on March 31, 20XX at 9:00 am if the Plaintiff’s counsel already had these alleged forms?
  4. Plaintiff’s counsel mentioned that the subpoenas served have cost the Plaintiff a considerable, amount to serve. If the Plaintiff’s counsel had these documents, he could have easily uploaded to the eCourt. As of April 2, 20XX, these documents have not been uploaded to the eCourt.
  5. The Defendant alleges this evidence is clearly “made up” and is falsified. The Plaintiff’s counsel had over two months to get the form uploaded to the eCourt and also requested unnecessary adjournments if the Plaintiff already signed these documents. And the Plaintifield Housing Authority would have sent the document to the Defendant.
  6. As noted the Defendant lost an apartment in October 20XX, and the unsigned forms were resent the Plaintiff again on December 4, 20XX. Please also see the email that the Plaintiff sent on September 24, 20XX, which does not indicate nothing anything these signed forms. (Exhibit B) Also the Plaintiff’s counsel failed to mentioned this in the Landlord Certification on November 28, 20XX and in Jessica Eduardo Certification’s on January 25, 20XX.
  7. Please note the following the PHA sent the Plaintiff’s counsel on March 23, 20XX, information that doesn’t include my entire as the subpoena stipulated and includes files that is not part of this matter. The Plaintiff’s counsel next composed a letter to the Defendant on March 27, 20XX, which states that a copy of letter was upload via eCourt (letter only) and Certified Mail with all attachments.
  8. The Plaintiff’s counsel mailed the document to the Defendant two days later. Please see attached (Exhibit C); leaving the Defendant no time to review the documents in a timely manner. The Defendant asserts that this was a clear tacted of the Plaintiff’s counsel to take advantage of the Defendant who is pro se.
  9. The defendant read the guidelines on the Superior Court of New Jersey – Union County Special Civil Part – Landlord Tenant Notice of Landlord Tenant Case Management Conference “it states that Certification of Lease and Registration Statement Landlords are required to submit a certification.
  10. The Plaintiff’s counsel also failed to submit the Certification by Landlord’s Attorney form CN10513 (Appendix XI-U) with the PHA’s moving papers and failed to upload to eCourts 5 days before the trial in regard to this matter. Please see attached eCourts Summary as of April 2, 20XX. (Exhibit D).
  11. On February 13, 20XX, this Court did not give Plaintiff’s counsel direction to subpoena all the PHA documents. The PHA sent materials that was irrelevant and does not have anything to do with this case and failed to send over key documentations which includes the inspection report, all emails correspondences from the Plaintiff’s husband; all the letters from the Defendant’s lawyers and all emails and letters from the Defendant. The Defendant alleged that key evidence was deliberately ommiteed of pending lawsuit against the Defendant currently has with PHA.
  12. On February 13, 20XX, this Court did not give Plaintiff’s counsel direction to subpoena Vanessa Hollard, who is a Shelter Based Plus Coordinator. Subsequently, the Plaintiff, her husband Mr. XXX, Ms. XXX and XXX, Director of Housing had a conference call regarding this matter on November 24, 20XX. Please see attached letter Judge XXL Comas (Exhibit E).
  13. This Court never ordered any documents presented by the Plaintiff’s counsel which includes third party documentations used as exhibits during trial. This Court only gave the Plaintiff’s counsel instruction to clarify the validity of the documents that the Defendant submitted in court from the PHA. However, Plaintiff’s counsel still insists that the documents will be used as exhibits during this trial.
  14. In its discretion, the court may exclude evidence if its probative value is substantially outweighed by its unfounded or speculative character or by the risk that it would cause confusion. State v. XXX).
  15. This Court has discretion to exclude evidence that lacks probative value. Defendant requests this Court to exclude the documents that it ordered not to be introduced as evidence during trial.
  16. The party seeking to preclude the admission of evidence must convince the court that the factors favoring exclusion substantially outweigh the probative value of the contested evidence. State v. XXX.
  17. The documents that Plaintiff’s counsel intends to introduce as exhibits lack probative value since this Court ordered that they are not introduced as evidence during trial.
  18. Further, the introduction of those documents as exhibits will amount to contempt of the order in which Plaintiff and the Plaintiff’s counsel was ordered not to introduce the documents as exhibits during trial.

REASONS WHEREFORE, PREMISES CONSIDERED, Defendant respectfully requests this Honorable Court to GRANT this Motion and exclude the documents presented by PHS that Plaintiff intends to introduce as exhibits.

 

Dated this 3rd day of April, 20XX

 

 

Respectfully Submitted,

 

XXX,

Defendant in pro per

 

CERTIFICATE OF SERVICE

I hereby certify that on the 3 day of April, 20XX, I caused a copy of the foregoing Defendant’s Motion to Exclude Exhibits via electronic mail and regular U.S. mail, return receipt requested to the following attorney of record:

Insert Name of Attorney

Insert Name of Law Firm

Insert Address

Insert State & ZIP Code

Insert Phone Number

Insert Email

 

 

Dated this 3rd day of April, 20XX

 

 

Respectfully Submitted,

 

XXX,

Defendant in pro per

 

At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )