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Author Topic: Hi Soc, I have a question about written statements..  (Read 2820 times)

MissouriGal

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Hi Soc, I have a question about written statements..
« on: Nov 23, 2003, 06:19:18 AM »
OK, first off, I do know about hearsay and the admissability of written statements into evidence. I do believe however, that I will be able to do this under Missouri's Residual Exception clause.

In my motion, I'm stating certain allegations. The "proof" of these will be written statements from the children's teachers and counselor attached to the motions as exhibits. I had E-mailed YDD's teacher and explained to her what I wanted. She was more than happy to do it, and said that she was going to print out the E-mail and show it to the other teacher and the counselor, but that she thought they'd have no problems doing so.

Yesterday, I received an E-mail back from YDD's teacher. This is part of what she wrote...

"I'm so sorry it has taken so long for me to respond. I spoke to Mrs. F (*the counselor) and she said Mr. T (*The superintendent) said to get some paperwork from your lawyer before we write our letters. I do not understand the reason, and personally if we were subpeonad (probably spelled wrong) we would have no choice.

Sorry for any delays. Let me know what you can do next.

Mrs. B (*YDD's teacher)

P.S. Please be aware that Mrs. H (*my son's teacher) and I were ready to type you a letter when Mrs. F told us this."

Now, since I'm pro se, I have no lawyer for them to get paperwork from. :-(

My question is:

1.) What type of "paperwork" could the superintendent want? (I did E-mail YDD's teacher back and ask her this question, but have gotten no response thus far.)

2.) If you are able to tell me what Mr T. "might" want, could you also give me an example of how to word it? :*


socrateaser

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RE: Hi Soc, I have a question about written statements..
« Reply #1 on: Nov 23, 2003, 06:31:23 AM »
>OK, first off, I do know about hearsay and the admissability
>of written statements into evidence. I do believe however,
>that I will be able to do this under Missouri's Residual
>Exception clause.
>
>In my motion, I'm stating certain allegations. The "proof" of
>these will be written statements from the children's teachers
>and counselor attached to the motions as exhibits. I had
>E-mailed YDD's teacher and explained to her what I wanted. She
>was more than happy to do it, and said that she was going to
>print out the E-mail and show it to the other teacher and the
>counselor, but that she thought they'd have no problems doing
>so.
>
>Yesterday, I received an E-mail back from YDD's teacher. This
>is part of what she wrote...
>
>"I'm so sorry it has taken so long for me to respond. I spoke
>to Mrs. F (*the counselor) and she said Mr. T (*The
>superintendent) said to get some paperwork from your lawyer
>before we write our letters. I do not understand the reason,
>and personally if we were subpeonad (probably spelled wrong)
>we would have no choice.
>
>Sorry for any delays. Let me know what you can do next.
>
>Mrs. B (*YDD's teacher)
>
>P.S. Please be aware that Mrs. H (*my son's teacher) and I
>were ready to type you a letter when Mrs. F told us this."
>
>Now, since I'm pro se, I have no lawyer for them to get
>paperwork from. :-(
>
>My question is:
>
>1.) What type of "paperwork" could the superintendent want? (I
>did E-mail YDD's teacher back and ask her this question, but
>have gotten no response thus far.)

A subpoena duces tecum, probably.

>
>2.) If you are able to tell me what Mr T. "might" want, could
>you also give me an example of how to word it? :*

Get a subpoena duces tecum in blank from the court clerk. You need the clerk's seal to officially compel a response from the school. If the court document isn't in a useful format, you can attach other instructions.

Basically, you tell the school and the employee to appear and testify at trial and to bring all of the records related to their testimony. Your request should be specific as to the records, and you can request that copies of the records be forwarded to you in advance of  the hearing.

As far as getting a written statement from the employee, you can state that the reason for their appearance is the result of their assertions that such and such has occurred, and that you request that they sign a notarized, affidavit affirming those statements prior to trial.

If they refuse to do this, then think twice about calling them as a witness, because they may turn out you at trial and you will have no means of impeaching their evidence.

:)


MissouriGal

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RE: Hi Soc, I have a question about written statements..
« Reply #2 on: Nov 23, 2003, 07:26:27 PM »
Thank you for your reply Soc.

If they decide not to testify truthfully if subpoeaned, then I have the taped phone conversation where they told me all of this information, along with a transcribed copy of that conversation to impeach their testimony with. :)

I'm working with a paralegal on this, and I had called her before I posted to you, but she didn't return the call until today. She said the same thing you did though. LOL  She also told me, that if there was enough concern of neglect for them to take food to my ex's home, for them to buy clothes and get haircuts for 2 of the children, and for them to come right out and tell me that they felt the children were neglected, yet also told me that they didn't contact DFACS about any of this, that they could have did a big no-no. That they are professionals who are mandated reporters of things like this, and that since they didn't report it, that could be one reason why there is hesitation on the superintendants part.

We shall see. I'm going to fax a formal written request to them tomorrow, and see what response I get from that before I go the route of subpoeana duces tecum. If I can get it done this way, I'd much rather do it than use the court as a "strong arm".

socrateaser

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response...
« Reply #3 on: Nov 23, 2003, 08:29:14 PM »
You're not strongarming anyone. In order to guarantee a party's appearance you need a subpoena, otherwise if they don't show, the court won't grant a continuance.

:)

MissouriGal

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RE: response...
« Reply #4 on: Nov 23, 2003, 09:09:15 PM »
>You're not strongarming anyone. In order to guarantee a
>party's appearance you need a subpoena, otherwise if they
>don't show, the court won't grant a continuance.
>
>:)

It's that old adage... "You catch more flies with honey than with vinegar". :)  I am willing to try the friendly, respectful approach first. But, if he chooses to refuse to allow them to write the affidavits, then I have no choice but to subpoena all 3 of them as witnesses.

I do thank you so much for your guidance Soc.


 

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