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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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  #1  
Old 02-13-2018, 01:23 PM
MsB MsB is offline
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Hi All,
My Trial is in late March, I am working on my Exhibit Book, when do I serve this to the Respondent? should I file an affidavit of service after I serve the book.


Thanks
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Old 02-14-2018, 12:11 AM
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mafia007 mafia007 is offline
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Originally Posted by MsB View Post
Hi All,
My Trial is in late March, I am working on my Exhibit Book, when do I serve this to the Respondent? should I file an affidavit of service after I serve the book.


Thanks
See rule 19 concerning the documents pertaining to your affidavits. Only stick to evidences that will support your case. Remove the one that are not really relevant. For example; If you want to prove that your son's grade are not what they use to be, show the last 3 years report cards from school as exhibit 3 in Tab 3. Don't show the emails from the teachers, the emails between you and your ex, etc... Stick to the facts itself only. Your Exhibit Book needs to have a table of content showing each evidence assigned as Exhibit #1 at Tab 1. (or Exhibit A Tab A). DO NOT PUT MORE THAN ONE EVIDENCE WITHIN A TAB. The judge won't like it.

Serve and file your Exhibit book 30 days before trial (at the same time as your Record Book) with the form 22 Request to admit. They will have 20 days to question your evidence if they need to, otherwise it's admitted. You need 4 copies. (1- Exhibit Book for the judge (filed), 2- the other party (served), 3- the clerk at trial (keep with you), 4- you(keep with you)) You need to file your affidavit of service detailing all what you have served. (eg. Record book, Exhibit book, Request to admit) and file it with the Court. Keep 3 copies of all affidavits of service for your file. If you need to prove the service, you need to provide one to the judge and one to the clerk. The other party will always say that they don't remember being served. It's a game. Remember, it's Family Lie Court, not Family Law Court.

Best advise: KEEP YOUR EXHIBIT BOOK VERY SIMPLE AND TO THE FACTS.

BONNE CHANCE!
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Old 02-14-2018, 12:19 PM
MsB MsB is offline
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I appreciate your help.
Thanks so much.
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Old 02-15-2018, 06:00 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
I am working on my Exhibit Book, when do I serve this to the Respondent? should I file an affidavit of service after I serve the book.
There is no deadline to prepare or serve an exhibit book. Under the Rules, it is permitted to show up to the first day of trial with exhibit books that have not been disclosed to the other side.

To prevent this from happening, there are three tools to use:
1 - trial scheduling endorsement form, which can be used to provide deadlines for document exchange;
2 - Rule 19 to compel discovery; and
3 - motions to compel disclosure.

If the other side fails to use any of those tools, and you do not make disclosures until the start of trial, you risk the following:
1 - the trial being adjourned; or
2 - costs being awarded against you.

Subject to the trial judge's discretion, you can introduce exhibits at trial that have not been previously disclosed to the opposing side. However, if it is apparent that you knew the document would be used, and you had possession of it in advance of trial, the judge may refuse to admit the exhibit due to your failure to disclose it.

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Serve and file your Exhibit book 30 days before trial (at the same time as your Record Book) with the form 22 Request to admit.
This is good practice. Do not expect to receive the same courtesy in return, however, as it is not uncommon for exhibit books to be exchanged the week before trial.

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You need 4 copies.
Five copies. One for each party; one for the record; one for the judge; and one for the witness.

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You need to file your affidavit of service detailing all what you have served. (eg. Record book, Exhibit book, Request to admit) and file it with the Court.
The exhibit book can be filed in advance but does not need to be filed; the judge will not review it. It is common for the exhibit books to be brought to trial on the first day so their locations can be sorted out.

Request to admit, and their response, should form part of the trial record if necessary. Generally, they should not be necessary, since admitted facts should all be on the agreed statement of facts.
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Old 02-15-2018, 07:07 PM
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We dont agree on most things, so there is no agreed statement of facts, so I made 5 copies , served one to the Respondent and filed the Exhibit Book today with the Request to admit and my settlement offer and affidavit of service, I am so happy that I do not have to visit that court house again until the Trial . I am happy I asked here was and pointed in the right direction, tomorrow would have been the deadline to file since Monday is a holiday.
Thanks so such for the help.
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Old 02-16-2018, 10:08 AM
OrleansLawyer OrleansLawyer is offline
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filed the Exhibit Book today with the Request to admit and my settlement offer and affidavit of service
Please remember:
- Whatever exhibits are not admitted at trial will be thrown out. The exhibit book is in the file for convenience (to save lugging it in day 1), it is not evidence until entered at trial.
- the request to admit will need to form part of the trial record for those facts to be admitted. If you filed it in the continuing record, make sure to have another copy plus affidavit of service since the CR is not used at trial.
- offers to settle are not filed, however you will need a copy with affidavit of service for the cost submissions (after the trial).

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tomorrow would have been the deadline to file
There is no filing deadline for an exhibit book.
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