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subpoena info

Started by joer, Apr 16, 2005, 09:39:42 AM

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joer

I am representing myself in a custody matter, we are all in Arizona.  I used to have full custody for quite a long time.  My ex settled down somewhat and tried to get full custody.  It was changed to 50/50 joint but we have an evidentary hearing coming up as a followup because she wont let it rest.  

Her lawyer(her son in law) is a real mud slinger at best.  I need to find subpoena documents to get access to documents for evidence.  I am having a very hard time finding the docs and how to prepare them.  In the last appearance, we were supposed to share discovery so many days before the hearing.

Her lawyer delivered the docs to my landlord the day of the hearing when I was already downtown waiting for it to start.  He had 2 people in the office sign for receipt, but not date it.  As it began, I presented a motion to excolude their evidence to which the lawyer told the judge he had delivered the docs 5 days earlier and produced the signed receipt which was now dated with that date.  

The judge overruled my motion, admitted their evidence and I got slammed because I didnt know what kind of blown up evidence they had to defend myself against.  The next day, I saw my landlord and she said to me that she had documents that were dropped off the day before.  I have notarized letters from both of the ladies in the office.  

The lawyer had lied to the judge because the judge asked about delivery and the lawyer swore to the judge that it had been done on the earlier date.  He must have added the date after he left the office before court that day.  

My ex and I have 2 kids together, she adopted one of his and they have since had one together.  He is very much older, retired but with a huge trust fund where he hides quite a bit of money that he embezzled from people when he was younger.  He served jail time and still owes 250k in restitutions but will never pay.  They are both claiming that they are now broke and cannot pay their bills, which I think is to get an increase in the support payments.  my questions are:

1. Where can I go to find subpoena forms and instructions(hopefully free)
2. Can I call her lawyer as a witness or what is my recourse on the discovery froim the prior appearance.
3. How can I include his incomes/trust in the child support calculations.  
4.How can I get documentation as to the value of the trust?

Thank you for your help!!

socrateaser

>1. Where can I go to find subpoena forms and
>instructions(hopefully free)

The County courthouse should have a law library.

>2. Can I call her lawyer as a witness or what is my recourse
>on the discovery froim the prior appearance.

Depends on how long ago that was. If it is within the time limit for a contempt hearing in AZ, then you could call the parties who received the documents to testify as to when they were received, and then you could purchase a certified transcript of the court hearing during which you allege the attorney lied, and then if both testimonys contradict, then you could file for a contempt order against the attorney, and to set aside the prior court orders and for a new hearing.

>3. How can I include his incomes/trust in the child support
>calculations.

Subpoena him and his trust records. This is only relevant if the child's mother lives with her son and she pays no rent, etc.

>4.How can I get documentation as to the value of the trust?

See above. You can have him testify at a deposition. You can supoena the bank records of the trust.

Frankly, you need an attorney. You have already stated that opposing counsel will go outside of due process to win. An attorney on your side will give you more credibility and stop the other attorney from screwing around. Without a lawyer, the judge will doubt you and believe the attorney, and you already have evidence of this from the prior hearing.