>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.
