Fake Document Note Blows Up Case
Sometimes things that happen in the courtroom are just too funny not to pass along. One such episode recently played out in a Macomb County, Michigan probate case. In that matter, a son was suing his mother in the Estate of his late father over a dispute involving a home loan. The son claimed that the $100,000 loan made in December, 2000 was subject to repayment at 3% compounded interest. But then things got interesting.
During the bench trial the son, for the first time, presented a word processor written document which had purportedly been created in December 2000. The note, he said, supported his claim for repayment of the loan plus interest. He told the Court the document had been written using a specific computer and printer.
The attorneys representing the mother and Estate had no time to properly analyze the document because they were in the middle of the trial. Fortunately for the sake of truth and justice, they made a very important observation about the document – it was typed using Word’s default 11-point Calibri font which did not exist in 2000. Calibri font was developed in 2004 and was released by Microsoft in 2007.
After considering the matter, the Probate Judge took judicial notice that 11-point Calibri font was not available in 2000. His decision to take judicial notice of this fact was based on a federal court ruling out of California which addressed a similar issue.
The take-aways from this crazy courtroom story are: 1) do not fabricate evidence; 2) always be wary of the evidence presented by your opponent; and 3) analyze the opposition’s evidence to verify its authenticity.
Credit: This story was originally reported by attorney Michael C. Taylor of Clinton Twp, MI.
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