Admissible testimony?

[DecentDad]

Hi Soc,

In 2004, I took a polygraph to discredit a couple of the more serious allegations biomom has made about me.  I also included a couple of things about biomom (e.g., She told me she would find me and shoot me if I ever got custody.).

Biomom received the results and was asked about them in deposition.

She described her theory that I somehow tricked the test (i.e., I'm apparently so messed up to be able to do that) and that it explains nothing (i.e., her perceptions are still true).

I'd like to use her explanation for me passing a polygraph to speak to her obsession with finding fault with me and refusing to believe anything to the contrary; regardless of how any credible witnesses, evaluator, polygraph examiner, and judges have failed to agree with her theories/speculation.

Incidentally, one of the items I included on that polygraph is still resurrected in her current quest for sole custody.

1.  Is her REACTION to the polygraph results admissible as an exhibit to my declaration?

2.  If the same page of the deposition transcript (for the above item) also happens to review the actual polygraph items (each item was read aloud during the deposition), is that problematic?  I wouldn't make reference to this part in my declaration, but hey, they're right there on the same page in the transcript.

Thanks,
DD

[socrateaser]

>1.  Is her REACTION to the polygraph results admissible as an
>exhibit to my declaration?

Under the rules of civil procedure, evidence is relevant if it tends to prove or disprove a material fact at issue in the matter before the court. Here, your ex's opinion of your ability to trick the polygraph examiner is relevant to demonstrating that your ex is bent upon denying your custody rights for reasons other than the child's best interests, because it shows that your ex is unwilling to accept any proof of your fitness as a parent, regardless of how credible that proof may be. Therefore, the evidence is admissible, although you may have to explain that your purpose in offering it is not to prove the truthfulness of the question asked by the examiner.

>2.  If the same page of the deposition transcript (for the
>above item) also happens to review the actual polygraph items
>(each item was read aloud during the deposition), is that
>problematic?  I wouldn't make reference to this part in my
>declaration, but hey, they're right there on the same page in
>the transcript.

If the court admits evidence of part of a document to prove something, then the other party has the right to offer other parts of the document as evidence to prove something else.

[DecentDad]

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