Update on RO

[Detter D]

Very good idea, and I want to have a polygraph... I would like to get
this done before my next hearing which is Nov. 18


1.  Am I able to get this polygraph without a hearing to do it

2.  Where would I go to request such a thing...?

3.  Who decides on the questions  to be asked?

4.  Can I request an earlier return on the fact that I took a polygraph?

[socrateaser]

>1.  Am I able to get this polygraph without a hearing to do
>it

Anyone can have a polygraph administered. Whether the court may accept it as evidence of truthfulness depends on the parties' consenting to its use as evidence.

You could either file a motion to set aside on grounds that you are prepared to pay for and undergo a polygraph examination administered by a neutral expert appointed by the court, and that you consent, in advance, to its admission into evidence. Or, you could find an examiner on your own, take the exam, and then move to set aside on grounds that you passed the exam.

The former strategy has the advantage that it places into evidence your "willingness to accept the results" of the examination without knowing what those results could prove to the court. It also saves you the cost of the exam, in the event that the other party refuses to permit you to admit the evidence. It has the disadvantage of possibly having a ruling from the court, forever denying you the opportunity to admit the polygraph as evidence. And, of course, it has the disadvange of placing you in the position of beinf forced to offer an exam wherein you fail the test.

The later strategy has the advantage that you will be placing the results before the court before the other party has an opportunity to object to its introduction, and you may trick them into not properly objecting to its admission, as they are not an attorney, thereby getting the evidence in.

It has the disadvantage of giving the other party the argument that you would never have offered the evidence if it had been a failure, that you may have submitted to multiple examinations until you produced a passing exam, that you manufactured questions for the examiner which would tend to prove your innocence, rather than your guilt, and that the examiner was biased in your favor.

>2.  Where would I go to request such a thing...?

Yellow pages. Law enforcement agency may have a list of certified examiners. State licensing board. Schools which teach polygraph education.

>
>3.  Who decides on the questions  to be asked?

Depends on your strategy. If you offer to take the exam in advance, then you would be better to offer the other party an opportunity to formulate questions. If not, then you and the examiner, and your attorney, if you have one, would work it out.

>
>4.  Can I request an earlier return on the fact that I took a
>polygraph?

You can ask for whatever you want. You can move for an earlier hearing on grounds that your rights are irreparably damaged. It's up to the court whether to grant your request.