NOISE LITIGATION DOCUMENTATION
- Police reports. In order to prevail in any noise case it is absolutely essential to present independent witnesses at trial who can confirm that the noise was excessive and that occurred on a regular basis. While it is often frustrating to routinely call the local police department because they can not provide any long-term relief, it is nevertheless important to get the police involved and to keep track of every incident report number so that we can gather all of the police reports for use at trial.
- Keeping a diary. The average wait for a trial in Connecticut is usually eighteen months or more. Memories fade, and it is very helpful for us in preparing the case for trial to have exact dates and times of when the noise takes place. A diary can be very helpful to us in this regard.
- Enlist the help of friends and family. The defendants in noise cases usually claim the noise was not that severe, or was infrequent. The way to overcome this defense is to present many credible witnesses at trial, who can testify first hand before the jury about their own observations. Keep track of friends and family members who have witnessed the noise, and ask them to come forward if we need them at trial.
- Check with your local officials about noise ordinance enforcement. Many towns have enacted noise ordinances which prohibit noise over a certain decibel level. If your town has such an ordinance they should have some enforcement mechanism, and maybe even an enforcement officer who can take recorded sound meter readings at no cost to you. These readings are extremely helpful to us in litigation as well, so ask for copies.
- Take pictures of where the noise is emanating from. If the noise is coming from something that can be photographed, photos can be helpful in explaining the situation to the jury. Gathering as much evidence as possible is essential to prevailing in this type of litigation. Pictures can really be helpful.
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