civil-law civil-procedure evidence witnesses
How can a person with a similar experience with the defendant, help the plaintiff in a lawsuit?
<p>I lived in a house that was shared with the landlord and other tenants in common. I have now moved out and have a lawsuit started against the landlord. From "rumors" I heard that a previous tenant who got kicked out did not get his damage deposit or furniture back. (Call him Joe.) I managed to contact Joe and he confirmed this to be true. I too was kicked out and didn't get my damage deposit and have at least one piece of furniture unreturned. </p>

<p>In what way can I use Joe's story? For example could it be considered a testimony or corroboration or some piece of evidence saying that the landlord had done similar things in the past? Can Joe and I form some sort of legal team?</p>

<blockquote>
  <p>How can a person with a similar experience with the defendant, help the plaintiff in a lawsuit?</p>
</blockquote>

<p>You may bring Joe as witness or present some sworn testimony from him. That could be in the form of affidavit, deposition transcript, or by testifying in court.</p>

<blockquote>
  <p>In what way can I use Joe's story?</p>
</blockquote>

<p>Joe's testimony will be relevant to the extent that it proves the defendant's pattern of conduct or system for doing a thing. Many (if not all) jurisdictions in the U.S. had a provision similar to <a href="https://courts.michigan.gov/Courts/MichiganSupremeCourt/rules/Documents/Michigan%20Rules%20of%20Evidence.pdf" rel="nofollow noreferrer">Michigan Rule of Evidence 404(b)(1)</a>:</p>

<blockquote>
  <p>Evidence of other crimes, wrongs, or acts [...] may, however, be
  admissible for other purposes, such as proof of motive, opportunity,
  intent, preparation, scheme, plan, or system in doing an act [...]
  when the same is material, whether [they] are contemporaneous, or
  prior or subsequent to the conduct at issue in the case.</p>
</blockquote>

<p>Thus, Joe's testimony would not prove your entire claim, but it can discredit important aspects of defendant's foreseeable denials in your matter.</p>

<p>In some way the suggestion in the <a href="https://law.stackexchange.com/questions/42685/how-can-a-person-with-a-similar-experience-with-the-defendant-help-the-plaintif/42686#42686">other answer</a> makes sense, but I would discourage you from bringing suit together with Joe. That is because, despite all similarities, your claim are Joe's claim are different instances:</p>

<ul>
<li>Each cause of action stemmed from a separate contract;</li>
<li>each contract/cause involves a different plaintiff;</li>
<li>the statute of limitations of each wrong started running at different
times;</li>
<li>and your history with the defendant might differ from Joe's history
with him on relevant aspects in a way that could prejudice you.</li>
</ul>

<p>Furthermore, if the defendant requests that the suits be separated, you and Joe would have no persuasive arguments on why your matters should remain consolidated.</p>

<p>Lastly, the mere fact that a complaint is filed by two or more plaintiffs will not prompt a judge to act with honesty or with competence.</p>

<p>You and Joe could sue the landlord together, each claiming their own.</p>

<p>Or you could call Joe as a witness. The court might be unwilling to admit Joe's testimony as it does not directly relate to your claim, but it's worth trying.</p>
