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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 09-20-2010, 03:20 AM
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Default 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.
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Old 09-20-2010, 09:34 AM
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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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Old 09-20-2010, 09:57 AM
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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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Old 09-20-2010, 11:31 AM
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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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Old 09-20-2010, 02:03 PM
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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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Old 09-20-2010, 02:32 PM
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Quote:
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 at 03:27 PM.
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Old 09-20-2010, 03:15 PM
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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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Old 09-20-2010, 03:28 PM
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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 at 03:31 PM.
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Old 09-20-2010, 03:36 PM
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A psychologist report can be introduced as evidence.
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Old 09-20-2010, 03:39 PM
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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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