Getting around request for stipulation...

[dipper]

Soc,
Dh is to go to court in VA on Aug 9 for primary custody of his son.  We subpoenad ss' discipline records and absentee records from the last two years - two different schools, here and after their move.

According to law, we sent by certified mail copies of the subpoenas to her lawyer with a request that he stipulate the documents are authentic.  We also copied her - not certified though.  The lawyer sent dh a letter stating (on July 6) that he has not been retained at this time and therefore could not stipulate to anything -and furthermore if he were her lawyer, he still would not stipulate unless he had seen the documents first.

Of course, we are running out of time.  DH now needs to send her certified copies, but of course she is not going to answer anything about documents...so there's no need in asking for her stipulation.  We do feel she has a lawyer as she sent dh a letter informing him of something a week after he already knew about it- something she would not do...so it must have been upon legal advice.

Soc, according to the law as I understand it - you can bring up a letter written by a person if they are on the stand....Well, the discipline records are actual letters that were sent to bm whenever ss would be suspended............

Oh - and if she does go with past lawyer, it is unlikely that he will be able to meet the set court date.....a delay in the hearing would put yss in that school system again before trial....we dont want that status quo established.....

IN that case, couldnt dh ask her on the stand if she had seen these letters before - as they are addressed to her - and ask as to the dates and reason for the letter?  (without it being stipulated to in advance)

Is there anyway to dispute a delay in hearing if one is sought by the opposing side?





THank you soc!

[socrateaser]

>IN that case, couldnt dh ask her on the stand if she had seen
>these letters before - as they are addressed to her - and ask
>as to the dates and reason for the letter?  (without it being
>stipulated to in advance)

If you subpoenaed letters from school, then the school should have certified them as authentic, otherwise you need the school's custodian of records to appear to testify to their authenticity, unless the letters fall within an exception to the hearsay rule. However, if you are having a preliminary hearing, then you could also file the letters with the court as part of a supplimentary affidavit and the court would likely accept them for a temporary order, because hearsay rules don't generally apply in hearings for temporary orders.

You can also argue that the fact that you received them from the school in direct response to a subpoena should serve to authenticate them.

And, depending upon what they say, portions of the letters probably fall within the business records exception to the hearsay doctrine, which states that out-of-court statements recorded by a person with a legal duty to record them as part of their employment are admissible. So, to the extent that the letters show that the child was disciplined on some date certain, is a legally operative fact, in the same manner as a receipt demonstrates that some transaction took place.

As for the "reasons" for the discipline, that would probably be hearsay, without the letter's author being available at the hearing for cross examination.

>
>Is there anyway to dispute a delay in hearing if one is sought
>by the opposing side?

You just oppose the continuance on grounds that the other party is stalling, and state your proof as to why they're stalling. These sorts of continuances are very much at the court's discretion, and they are almost always granted if the purpose is to permit legal counsel to have time to get familiar with a case.