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case file documents?

Started by thistle, Dec 16, 2006, 12:00:23 PM

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thistle

Going to court for Parenting Time.  I am going to try to prove a pattern of behavior. The start of this behavior was about 10 years ago and well documented in the case file that the judge will have in front of him.

1. Do I need copies of the supporting documents form the case file for the judge and opposing party or can I just refer to what and where it is the case file?

Thank-you

socrateaser

>Going to court for Parenting Time.  I am going to try to
>prove a pattern of behavior. The start of this behavior was
>about 10 years ago and well documented in the case file that
>the judge will have in front of him.
>
>1. Do I need copies of the supporting documents form the case
>file for the judge and opposing party or can I just refer to
>what and where it is the case file?

If you're trying to show a pattern of behavior, then you should make copies of the relevant portions of evidence and reintroduce it all as part of your motion, so that the judge doesn't need to search around.

thistle

Thank- you,  one more question on this subject to be clear.

1.  Do I need to have these copies certified?


and need an opinion-


2.  When trying to show a pattern of behavior is it best to present from oldest dated evidence to new or ice versa?

Thanks again


socrateaser

>Thank- you,  one more question on this subject to be clear.
>
>1.  Do I need to have these copies certified?

Certain docs must be certified (court pleadings, judgments, transcripts, records of title/deeds, sworn affidavits/declarations -- depends on jurisdiction).

Copies of contracts, business records, and/or receipts which are simply transaction records do not require certification, nor do records which are brought to court by a witness who originated them or is their legal custodian.

>2.  When trying to show a pattern of behavior is it best to
>present from oldest dated evidence to new or ice versa?

Newest first. Timely evidence is more relevant than dated. A pattern of behavior (legally termed "evidence of habit") which is automatic, reflexive, routine, or unvarying activity, is admissible, whereas character evidence, which is evidence of a non-habitual personality trait, is not admissible, UNLESS a person's character is actually at issue in the case (which it frequently "is" in a child custody action).

However, remember that despite all of the admission requirements, ALL evidence is admissible unless objected to timely. So, if neither party is represented by legal counsel, and the judge believes that the evidence offered is at least reasonably authentic, the judge will allow it, unless the judge feels like playing games with the law (which happens).

Best way to know, is to go watch the judge conduct court and see how he/she operates.