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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 04-02-2012, 10:54 PM
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Default Motions to Expunge or Motions to Strike

Has anyone had any experience with this Family Law Rule of being able to bring Motions to Expunge or Motions to Strike materials from a pending motion?

Summary: I'm bringing a Motion for Custody and Access, with pretty strong materials. Opposing counsel wants to strike some of if, what I'm presenting is pretty damaging, hence why they are trying to strike it.

Questions: The motion to strike must now be heard before my substantive motion, however opposing counsel is now saying they will NOT go to two motions and want to delay for a "long motion", which is several months out. Can they simply say NO, we will not go to two motions? Their tactics are obvious, they have nothing and want to delay to then try and falsely and deviously establish some made up status quo and try to argue with that later.

Any thoughts, advice analysis?

Thanks.
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Old 04-03-2012, 11:38 AM
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Default Trial and refusing Request to Admit Documents

Hey, I don't think its that easy to strike or set aside. But if you don't have a lawyer, the lawyer they have will play a technical game and try. Then just appeal it. Its all BS. When they have no proof, evidence, facts, they play games. I need some help for trial...
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Old 04-03-2012, 11:40 AM
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Default Request to Admit and refusing documents and facts

So now I prep for trial, move the same BS paper to a new pile. Of course the other side doesn't want my documents at Trial. So does anyone know? I'm filing my "Trial Production Brief" and I'm going to submit all my Req.to Admit documents as is in same TAB format, even though they reject most of them. Any thoughts or help out there. Trial Record already done, working on CAse Law, yipeee.
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Old 04-03-2012, 12:42 PM
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Originally Posted by Marcos View Post
Has anyone had any experience with this Family Law Rule of being able to bring Motions to Expunge or Motions to Strike materials from a pending motion?

Summary: I'm bringing a Motion for Custody and Access, with pretty strong materials. Opposing counsel wants to strike some of if, what I'm presenting is pretty damaging, hence why they are trying to strike it.

Questions: The motion to strike must now be heard before my substantive motion, however opposing counsel is now saying they will NOT go to two motions and want to delay for a "long motion", which is several months out. Can they simply say NO, we will not go to two motions? Their tactics are obvious, they have nothing and want to delay to then try and falsely and deviously establish some made up status quo and try to argue with that later.

Any thoughts, advice analysis?

Thanks.
Striking statements and removing evidence is incredibly hard to do in Family Court when children are involved. The "best interests" overrides many of the standard clauses of "evidence" in civil proceedings and Family Court generally. If it is a document, no matter how you obtained it, if it is concerning the children there isn't a chance a judge will strike it.

So long as the paragraphs and evidence are relevant to the argument being present it is highly unlikely that a judge will strike the materials.

Furthermore, if you go on a long motion hearing the judge striking the statements will also be the judge hearing the motion. Either way the judge is going to read your materials.

Furthermore, striking statements is a bad idea generally because it is identified in the court record and the judges generally go back in the materials and read it. Striking materials can be like underlining the material in red and highlighting it in yellow at times.

Lawyers love to threaten striking materials in Family Law. They do it to waste the other party's time and ultimately money. If they go on motion to have materials striked make sure you cross motion for costs on the matter.

Good Luck!
Tayken
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