Tag: filed

What Should I Do When a Family Court Judge Refuses to Look at My Evidence?

What should I do when a family court judge refuses to look at my evidence of abuse because my ex’s lawyer lied about me bringing it to him when I had a witness with me?

What you can or should do depends upon why the judge would not consider your evidence.

You say that the judge refused to review your evidence because the judge believed a lie that your ex’s lawyer told him (I presume) something along the lines of “Objection, Your Honor, I was never given a copy of these documents/photographs/recordings. I’m not prepared to address them.”

You claim that you can prove that your ex’s lawyer is lying because you had a witness with me when you delivered the evidence to your ex’s lawyer (I presume) well in advance of the hearing.

It appears that either the judge did not believe you, or, if you did not bring the witness with you to court, that the judge ruled that without the witness’s testimony the judge would not believe that you served your ex’s lawyer with the evidence, and thus would not allow you to present that evidence to the judge.

The lesson learned here?: when you deliver or serve documents/photographs/recordings to someone and need proof that you did so, use a method of delivery or service that provides an objective means of proving it. Have the lawyer or someone at his/her office sign for the documents/photographs/recordings when you or someone from the post office deliver(s) them.  Or you could email the documents/photographs/recordings to the lawyer, which would another way of proving that you delivered/served them. Another thing you could do is file a copy with the court which, though it does not objectively prove you delivered/served the documents on the lawyer, the point is that if you went to the trouble of filing them with the court, then it’s more than likely you also delivered/served them on the lawyer too. Another thing you or your lawyer should do is file a certificate of service with the court that you or your lawyer served/delivered them.

Utah Family Law, LC | | 801-466-9277

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Married a short time. He demands discovery going back years. Can he?

Married a short time. He demands discovery going back years. Can he?

Married 16 months. He became abusive almost immediately after. I filed for divorce. He and his attorney is requesting bank statements and my previous divorce information -real estate sales, bankruptcy, etc. from my last marriage prior to this marriage. Can They? They may be well within their rights to seek this kind of information, if the reason he and his attorney are doing so because you are seeking alimony. Things like your bank statements, real estate sales, and bankruptcy documents provide information as to your earning capacity, how capable you are of supporting yourself, and lifestyle costs—that’s all highly relevant and thus clearly discoverable information on the issue of alimony. If you are concerned that your husband and his attorney are engaging in irrelevant, burdensome, harassing, abusive discovery tactics, get your own attorney to find out, and if your attorney honestly believes the discovery is inappropriate/unnecessary, your attorney can ask the court to review the matter to see if the court agrees. If the court agrees, it can bar your husband and attorney from engaging in that kind of thing.

Utah Family Law, LC | | 801-466-9277

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