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procedures

Started by thistle, Dec 14, 2006, 09:14:48 AM

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thistle

I have gone to court several times to "see how thing work" but so far have not come across a situation like mine.

This is a post decree motion, no attorneys.

My understanding is that both parties will make opening statements.  Then the moving party will take the stand. Then respondent can cross exam.  Then moving party calls theirs witnesses and they are cross-examined.  Moving party rests.

Same procedure is repeated with the respondent. Then both make closing statements and moving party can offer a rebuttal.

I am the moving party and have evidence against the opposing party.  Civil and Criminal.  I do not have a witness to ask about these records.  

1. I am wondering when I present this evidence.
      Do I:
          a.   Do I present this evidence when I am on the stand.
          b.   I wait until I cross examine the opposing party
          c.   Call the opposing party to the stand as a witness?

Thank-you

socrateaser

>1. I am wondering when I present this evidence.
>      Do I:
>          a.   Do I present this evidence when I am on the
>stand.

If this is an evidentiary hearing, then you offer the evidence to the court after showing it to the opposing party, assuming that the evidence you're offering goes to the substance of your case, rather than to impeach the opposing party's case.

>          b.   I wait until I cross examine the opposing
>party

If it's impeachment evidence, then yes -- otherwise no.

>          c.   Call the opposing party to the stand as a
>witness?

If the party is part of your affirmative case, then yes.

You're opening up a HUGE bag of worms. I can't teach you trial practice in this forum.

williaer

It almost seems like you are being compelled by the court to practice law without a license. What would be the benefit? Seems a little dangerous.