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  • Trial Management procedure

    My ex and I are going to trial. Do we get to question each others witnesses prior to filing the trial management brief, after filing but before court, or do we just get to be surprised at trial.

  • #2
    As far as my understanding is, if you are calling witnesses at trial, you dont get to be informed ahead of time as to what they will be saying.

    Witness testimony is just one part, you'll likely have a small mountain of other affidavit evidence as well.

    Ie. Assuming my case goes to trial, which is a very distinct possibility, I'll have witness testimony, the assessor report, and (assuming I can get my hands on it) the CPS file on her.

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    • #3
      At the pre trial confrences you will discuss witnesses with the judge. The judges job is to try to steer people away from a trial if possible. Depending on who you plan to bring as a witness, the judge may question your list and may even deny your list of witnesses. The witnesses must have something substantial to say. For example a judge will not let you parade a number of your friends and family just to bad mouth your ex. But if you had a particularly good witness who held some kind of professional title, then you would have less problems bringing forward that witness.

      Family court is nothing like what you see on tv.

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      • #4
        Who would you consider to be good witnesses? If this goes to trial, I really don't want to start dragging in everyone into this mess.
        Which professionals would be good witnesses? Could they just write letters stated some of the facts?

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        • #5
          Tug:

          Most "professionals" you'd want to call may be people like doctor's, dentists, public health nurses, CPS workers, teachers, receptionists, principal's, etc.

          The issue is good luck getting any professional to "write a letter". Of the above list....I do not know of any that would willingly do so. Typically they take the stance of non involvement unless forced.

          So, typically to get any of those people to validate information, you need to subpoena them as witnesses.

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          • #6
            Originally posted by NBDad View Post
            Tug:

            Most "professionals" you'd want to call may be people like doctor's, dentists, public health nurses, CPS workers, teachers, receptionists, principal's, etc.

            The issue is good luck getting any professional to "write a letter". Of the above list....I do not know of any that would willingly do so. Typically they take the stance of non involvement unless forced.

            So, typically to get any of those people to validate information, you need to subpoena them as witnesses.
            So, who's really left? Family and friends don't have much, don't rely on health care professionals to get involved. So, who else is left?
            Last edited by tugofwar; 09-20-2010, 03:27 PM.

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            • #7
              You can use evidence, rather than testimony, as well....school report cards, medical records, email correspondence, etc...and if you think any of the professionals has knowledge to back up your claims, supoena them.

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              • #8
                Im guessing a psychologist report would be biased? How about just a report about progress etc on dealing with the divorce, the difference between visits, progress, staying child focused etc? I know nothing can really be said against the ex but showing different ways that will help strengthen my case on why I am a more fit parent etc.
                Last edited by tugofwar; 09-20-2010, 03:31 PM.

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                • #9
                  A psychologist report can be introduced as evidence.

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                  • #10
                    However, the other party is entitled to a copy of it prior, and are able to contest it with their own psychologist report...

                    Did said psychologist evaluate both parties separately as well as with the child?

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                    • #11
                      No, it's just something I needed to do for myself to help with alot of areas surrounding divorce.
                      Sorry, Ive hiijacked another thread.... next psychologist topic..

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                      • #12
                        Most of what goes to trial is dependent on the matters at hand. If the other side has an expert witness who is relevant, then you better have one too.

                        But unless there has been intervention by third parties, there should be very little need for expert testimony.

                        You mentioned that you want to show you are a better parent, then you do that by showing history looking after the kids. If you were the primary care giver because the other parent worked, then you have a bit of a stronger argument, however this flies out the window if the kids are now 14 years old, and you still sit at home eating bonbons like Peggy on married with children.

                        What are you arguing over? Is it access? Why do you think it is in the kid's best interest to be with you primarily? This is what the courts are most interested in determining. You should not be any more entitled to the kids than the other parent, but unfortunately there is a bias towards women in our courts.

                        If you have serious issues that you think the kids should be kept from the other parent, then bring those forward. If not, just suck it up, as you should be no more entitled to spend time with the kids than the other parent, and any fighting that you two do is bad for the kids.

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                        • #13
                          Originally posted by rwm1273 View Post

                          What are you arguing over? Is it access? Why do you think it is in the kid's best interest to be with you primarily? This is what the courts are most interested in determining. You should not be any more entitled to the kids than the other parent
                          Why, why didn't you stop there.....

                          Im not stopping or interfering in our child's relationship with the other parent.
                          But, there is a big hole and important bonding time that was missed in the 1st stages of the child's life because my ex couldn't handle having a child that he did not want and felt he needed to be separated from the both of us. It has just been of recently that they are getting more familar with each other. That's all I ever wanted. I could not force it, others did that for me.
                          My defense has been child focused and I kept on the same pathway I paved to keep child's best interests at heart. I have gone back and forth with my decisions and what I choose is the next step because that's how strongly I feel about it. It's not been an easy choice but respect that I have had enough experience and have done my homework etc to continue with my quest.

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                          • #14
                            Read the last part of my last post again.

                            Comment

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