How can a plaintiff avoid being faced with unfair prejudice after a defendant does a motion to strike all evidence from a dismissed PO? Since without the evidence the plaintiff can't defend their actions for the dismissed PO, wouldn't that be unfair prejudice? They would automatically be guilty of something in the eyes of the judge. Can rule 403 allow the plaintiff to ask the judge to strike the judgement of the dismissed PO too if the evidence on it is not allowed?
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1Welcome to Law! What does PO mean?– SJuan76Commented Sep 6, 2022 at 11:16
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2@SJuan76 "What does PO mean?" PO stands for Protection Order.– Iñaki ViggersCommented Sep 6, 2022 at 11:20
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Your post is very confusing. You need to provide sufficient context. What do you mean by "plaintiff can't defend their actions"? whose actions? which actions? What are the defendant's arguments in the motion to strike? why was the PO dismissed? Asking the judge to reinstate(?) the PO "if the evidence on it is not allowed" is contradictory. What is your jurisdiction? Many jurisdictions have a rule with 403, but that does not mean that the substance of the rule is the same in all of them.– Iñaki ViggersCommented Sep 6, 2022 at 11:30
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@inaki viggers Hi, I'm referring to the plaintiff's actions. So if both parties are in a custody trial and the judge does not allow the evidence from a dismissed PO case. In this new trial, how can the plaintiff not appear guilty of parental alienation during a custody trial if they are not allowed to talk about why they went for the dismissed PO in the first place? Everyone is innocent until found guilty. In that case, the plaintiff would be guilty automatically because they aren't allowed to show evidence explaining why they went for a PO in the first place. Does that make sense?– Rodelyne AugustinCommented Sep 6, 2022 at 12:05
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1"Does that make sense?" It does not. That did not answer the previous questions. Instead, it prompted a few more, in part because its intertwining with a child-custody case suggests that there are many more variables at issue than what a typical PO involves. Without providing enough context on a matter of this complexity, you have zero chances of getting a useful answer.– Iñaki ViggersCommented Sep 6, 2022 at 12:43
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1 Answer
The order of operations is important
I assume that plaintiff filed for a Protective Order. To get this granted, the plaintiff has to allege some kind of wrongdoing and evidence of that.
If the defendant responds, then the plaintiff can amend their filing. Then the defendant once more can respond to the allegations.
If the plaintiff wants to amend the filing once more, they need to ask the court to be allowed to do so, and that opens the door for the defendant to answer once more.
That's all history for the case presented: The court apparently found the evidence lacking and dismissed the application for a PO. Plaintiff can only file for reconsideration or appeal but not bring in new evidence at this point.
Dismissed Cases are not automatically evidence
A case that did not establish its burden of proof and was dismissed - especially with prejudice - has not established that the evidence in it is good. You have to ask each item to be admitted separately and re-establish that it is good evidence.
A bulk filing "I want to bring this case as evidence" is generally denied unless you prevailed in that case. A dismissed case is one you didn't prevail in.
Get a Lawyer!
It seems like you are in serious need of legal counsel to clear up the situation. Contact a lawyer for at least a free consultation if you even have a case.
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so if evidence from a dismissed case is not automatically admissible, can the final ruling of "dismissed" be admissible as evidence for another trial without explaining what happened ? The difference between using the specific evidence that was used during the dismissed PO versus the judge's decision to dismiss it. Commented Sep 7, 2022 at 11:11