Correct Objection

[Imom]

Dear Soc,

I really need to condense my files....I save all you responses to me so I don't have to come back and re ask later!!!!! Well I can't find this one, I know I asked.

I have a hearing coming up on the 6th regarding clarifications for exchange of medical information.

At my last hearing I did not use your advice BUT I am going to this time because the last became a free for all....

I am sure my ex is going to bring up issues thats not before the court, because it will be soon as I have already adviced her it will since she now refuses to compromise and reach an agreement regarding our child's asthma medication.

I am going to be unable to have a proper motion and the supporting medical records before this hearing on the 6th let along have the time to serve my ex, therefore another hearing will be required as soon as I get the medical records.

1. Anyway, when my ex starts to bring up these or other issues not supporting the motion before the Court at this time, what is the correct way to Object?

[socrateaser]

>1. Anyway, when my ex starts to bring up these or other issues
>not supporting the motion before the Court at this time, what
>is the correct way to Object?

"Your honor, petitioner/respondent is raising an issue which is out of scope and not fairly before the court as part of the pending motion. As I have not had any prior notice of these allegations, I request that the court continue the matter, until petitioner/respondent has briefed the court and I have had an opportunity to respond to that brief."

[Imom]

nm

[Sunshine1]

1. You just want to object and not continue the matter, same answer?  

And

2. You would like someone to exit the courtroom who is not a party to the action?

[socrateaser]

>1. You just want to object and not continue the matter, same
>answer?  

What purpose does your objection serve, if you want the court to hear the matter immediately?

>2. You would like someone to exit the courtroom who is not a
>party to the action?

Courtroom is a public forum, so you would need to show good cause (clear justification) as to why a member of the public should not be present (e.g., intimidation, harrassment, or that the person is a material witness who may change his/her testimony based upon what he/she hears or observes prior to testifying).

[TJRodolph]

I was in a court room with a Referee (in MN), my husband and the mother of his child. This was the first hearing to set up a specific parenting time schedule. I sat in the back of the room and nobody asked me anything.

I was in the court room again recently, with the same referee and my husband and the mother of his child....and the referee asked who I was and my husband stated that I was his wife.

Referee than asked the mother if she had any problems with me being in there, and she said "not really, but I prefer she not be in here." so the Referee asked me to leave saying "this is a closed hearing since it is a paternity hearing, and I will have to ask you to leave."

Paternity was established 8 years ago. This was a hearing for custody reversal based on continued interference with parenting time. I did get up and leave though.

I have never created any disturbances in court, never even exchanged words with the mother before. I was just there to support my husband as I did all his pro se paperwork.

1. Was the Referee correct in asking me to leave?

[socrateaser]

>Paternity was established 8 years ago. This was a hearing for
>custody reversal based on continued interference with
>parenting time. I did get up and leave though.
>
>1. Was the Referee correct in asking me to leave?

No, because the hearing was public and you weren't disturbing anyone. But, if you didn't leave, you would have been arrested, and you would have had to either have someone file for a writ of habeus corpus on your behalf, or you would have had to accept whatever sanctions for contempt that were placed on you, and then sued the referee on grounds of a civil rights violation.

Just because a person is entitled to due process of law, doesn't always mean that they will get it.

"... the code is more what you'd call "guidelines" than actual rules. Welcome aboard the Black Pearl, Miss Turner."  -- Geoffrey Rush, "Pirates of the Caribbean -- Curse of the Black Pearl."