Does opposing counsel need copies of what minor counsel gets?

[DecentDad]

Hi,

I've talked with minor's counsel, who has already invited me to send over pleadings, collateral witness list, anything else I want him to review.

With our 730 a couple years ago, I had to serve OC with copies of everything I gave the evaluator, per the contract/stipulation the evaluator made us sign.

I have an objective witness who biomom wouldn't guess is available to speak to minor's counsel, as this person repeatedly refused to get involved for either parent due to some issues involved.  "Off the record" (in hopes I could help child if I had the info) this person has told me much about his/her view of biomom and about this person's first-hand observation of biomom's poison, manipulation, and rage.  I heard even more yesterday, in conversation with this person; who now is willing to talk to minor's counsel.

It'd be swell if I can give him my collateral witness list without having to copy OC, so biomom doesn't try to influence/pressure the witness prior to minor counsel's call.

Is there law that requires I copy all my documents to minor's counsel, if we've signed no stipulation or contract that addresses it?

Thanks

[socrateaser]

>Is there law that requires I copy all my documents to minor's
>counsel, if we've signed no stipulation or contract that
>addresses it?

If you were deposing the child, then you'd need to copy opposing counsel, on the deposition notice. But, if all you're doing is providing information to tha GAL, then you have no obligation to copy the other party.

Nevertheless, if you intend to produce this witness for a purpose other than to impeach the mother's testimony, then you will eventurally have to provide opposing counsel with your witness list.

Since I don't know exactly what thsi person is willing to testify to, I can't comment as to whether the witenss will be better as in impeachment tool.

Be advised, however, that it is fraught with danger to produce a witness from whom you have not obtained a sworn declaration in advance covering the scope of questions, because if you are being "set up," by your opponent or the witness, then you will have nothing to show what the witness stated he/she intended to say, prior to actually taking the witness stand.

[DecentDad]

Thanks, that's good info.

I'm not concerned about being set up with regard to this person.  Person has shown high character ever since I first met him/her has shown trust in me with off-the-record statements that could have created difficulties if I didn't keep it to myself (due to his/her position).  Person worked "behind the scenes" with me to try to influence biomom's bad behavior into a better direction.  Biomom burnt the bridge a long time ago.  Person now wants to come forward for minor's counsel, as person has previously worked with minor's attorneys to help kids.

But I sense person doesn't want to write down anything.

At worst, person will say I'm a good parent and child was always comfortable with me.

At best, person will fully describe his/her opinion/observations of biomom.

I don't think person will be dishonest, but I don't know the degree of information person would volunteer.

I don't want to push the person to retract the offer to help.  I was thinking when I meet with minor's counsel, I could offer things that this witness could confirm.  Somewhat risky, but I believe the person wouldn't lie if asked something.

Thoughts?

[socrateaser]

>I don't want to push the person to retract the offer to help.
>I was thinking when I meet with minor's counsel, I could offer
>things that this witness could confirm.  Somewhat risky, but I
>believe the person wouldn't lie if asked something.
>
>Thoughts?

There are three ways to play it, and I can't tell because I don't know the witness.

You can offer the witness to the GAL and see how it goes, or you can ask the witness to appear at the hearing and then wait for the mom to put her foot in her mouth, and then call the witness by surprise to rebut the mom's statements as to your character as a parent or to anything else that the mom may be misrepresenting to the court.

Or, you can subpoena the witness for your case in chief, and let opposing counsel know. For this last option, you really need to get a written statement from the witness, because you don't want to change him/her turning against you at the last moment, and you not having anything to show what the witness was originally prepared to testify to.

This is all classic Perry Mason stuff (surprise rebuttal witness, witness who switches sides and becomes hostile on the stand), and it can be devastating to either side, because of the unquantifiable drama factor. Judges are people and they can be affected by circumstances.

Most attorneys choose to depose all potential witensses in advance of trial so as to eliminate any possible surprise factor, in the hopes of reaching an out of court settlement.

But, your opponent will never settle, so I'm not sure there's much point in going that route.

[DecentDad]

Can I send you brief email as to who this person is, relative to both parents and the child?  In hopes of helping you help me refine best approach?

[socrateaser]

>Can I send you brief email as to who this person is, relative
>to both parents and the child?  In hopes of helping you help
>me refine best approach?

I don't think that it matters whether I know who the person is. The only question is will this person shock the court? If it's a blood relative of the other parent or some friend who has known the mom for a period substantially longer than you have, then I'd say that's an excellent witness.

As for exactly which approach to take, it depends on what other evidence you have to offer. Based on your posts, you appear to have a great deal of evidence, so this witness could be the icing on the cake.

Frankly, I don't think it's a terrific idea to offer this witness to the GAL unless you're certain of his/her testimony, and the only way you can be certain is to get it in writing or on tape with consent.

If you don't have it in writing, then you may give up the witness to the GAL, the GAL will interview and the witness will suggest that if asked to put anything in writing, that he/she will refuse, and the GAL will immediately treat the witness as if he/she doesn't exist, because there will be no faith that this witness will be anything more than background hearsay which can never reach the court's ears.

You need to get this person to commit to being on your side via a declaration or deposition, or you need to forget about him/her as a witness and work with evidence you can be more certain about.

[DecentDad]

OK, thanks.  All good food for thought.