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  • Witness to Trial

    Hopefully an easy question for the experts out there. I have submitted a form 12: Withdrawal of Motion for the Motion to Change that I filed. The Responding Party has called upon a witness for trial.

    The Witness is no longer required because the Motion has been withdrawn, however the Responding party has not notified the witness. The witness has not cashed the cheque that has been provided by the responding party. The responding party has been served with the withdrawal of Motion form (by a process server) and still refuses to acknowledge to the witness that they are no longer required.

    I am a friend of the witness and have already told the witness that they are not needed because the motion has been withdrawn.

    My question is: I will still be at trial, as it is set for this Wednesday July 26th. What would happen if the Witness did not show up?

    Thanks for your help in this continuing saga!
    Fam Law

  • #2
    I am in no way an expert, but did you try sending a letter to the other party requesting acknowledgement? If anything, it's an example of your reasonableness.

    Comment


    • #3
      Yes, we acknowledged by way of sending the notice of withdrawal to the other party AND we texted my daughter and her boyfriend who live with the Respondent to tell them to let her know that her witness is not longer needed.

      The Respondent still refuses to let the witness know.

      I am aware that the Judge usually awards costs to the person who withdrew the Motion but I have made more than a reasonable attempt at having the Respondent call off the witness. But the Respondent is being unreasonable. I have not called the Respondent because they have a very high conflict personality and it would not benefit anyone at all.

      So do you know? what happens if the witness does not show up?


      Fam Law

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      • #4
        Originally posted by Fam Law View Post
        Yes, we acknowledged by way of sending the notice of withdrawal to the other party AND we texted my daughter and her boyfriend who live with the Respondent to tell them to let her know that her witness is not longer needed.

        The Respondent still refuses to let the witness know.

        I am aware that the Judge usually awards costs to the person who withdrew the Motion but I have made more than a reasonable attempt at having the Respondent call off the witness. But the Respondent is being unreasonable. I have not called the Respondent because they have a very high conflict personality and it would not benefit anyone at all.

        So do you know? what happens if the witness does not show up?


        Fam Law
        1. Don't worry about it... It isn't your witness you have done enough.
        2. I don't recommend getting your daughter involved in any of the matters at all or disclosing anything from the case.

        Good Luck!
        Tayken

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        • #5
          Thanks Tayken for your input. And you are right I have done all I can do. I responded to my daughters text when she accidently sent me a text requesting that I call off having her boyfriends mother as a witness.

          I asked her if she sent me a text in error and was the text actually meant for her mother. My daughter said yes to which I replied that I have withdrawn the motion and the witness should have been notified of that fact by her mother.

          The mother proceeded to show my daughter the document brief that I submitted for court and she has asked my daughter to come to court as well and testify against me. In return the mother has bought my daughter a car, a new iPhone and has started to pay my daughter $500/month. My daughter unfortunately has given in to her greed (which any 17 year old would) and has written a statement of horrific lies about me (orchestrated by her mother).

          It's just brutal. Thanks for listening.
          Fam Law

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