Going to court

[Zephyr]

Hello again Socrateaser!

All parties  and order in WI.

Little background, I have two children from 2 fathers. I have started court motions recently regarding both children. The older child I am the NCM for and the younger I have a 50/50 split with dad- no cp designation.

The older child I have filed a motion for modification of physical custody with the request of a new parenting plan if the judge does not see fit to transfer custody. The younger child I have filed to have the school district determined and a parenting plan put in place, as there wasn't one previously.

The father of the younger child (and his family) were instrumental in the case transfer custody of my older child to dad.

As I am taking both fathers back to court, I have no reason to doubt they won't try to help each other again. Actually due to things I have heard, I have every reason to believe they will help each other and testify on each others behalf.

I have not been found unfit by any judge or court, the judge in my son's case actually said I provide the better environment but because my son had lived with dad for the duration of the court case under an ex parte order, that he didn't want to disrupt his life again now that he had adjusted.

Questions:

1. In Wisconsin do I have to make any type of formal request to open discovery?

2. What type of request do I make to find out who will be called as witnesses?

3. How do I best use interrogatories and/or depositions? Can I use both?

4. In my younger child's case, I believe the father will call the father of the older child as a witness in some capacity- however the father of the older child has never once seen me interact with the younger child at all- I believe any testimony from him will be of the character assassination variety. Is there a way I can prohibit him from tesifying?

5. Is it in my interests to make the court aware of this "teamwork" on the part of the fathers? How do the courts view this type of thing?

I guess that's all for now- although I'm sure to have more questions, I am so grateful you are here.

[socrateaser]

>Questions:
>
>1. In Wisconsin do I have to make any type of formal request
>to open discovery?

You have to serve a discovery request on the other party, in the form applicable to the jurisdiction. I can't tell you what that form would be. Check the Code of Civil Procedure and/or Court Rules

>
>2. What type of request do I make to find out who will be
>called as witnesses?

Check the court rules.

>
>3. How do I best use interrogatories and/or depositions? Can I
>use both?

Interrogatories are for statistical info, that's not subject to easy avoidance (name, address phone, etc.). Deposition is to try to discover enough info from the deponent/witness to know whether you can make your case.

>
>4. In my younger child's case, I believe the father will call
>the father of the older child as a witness in some capacity-
>however the father of the older child has never once seen me
>interact with the younger child at all- I believe any
>testimony from him will be of the character assassination
>variety. Is there a way I can prohibit him from tesifying?

You could file a motion "in limine" to have him excluded as a witness, but you'll need to be able to prove that his entire testimony will be irrelevant. Generally, you just wait for trial and then try to impeach the testimony as biased, or object on relevance or competence grounds.

>
>5. Is it in my interests to make the court aware of this
>"teamwork" on the part of the fathers? How do the courts view
>this type of thing?

If you can show a conspiracy to defraud the court, that would be a crime. Won't be easy to prove though.

[Zephyr]

Thanks Soc- I knew it would be a long shot, but I had to ask....

Additional question:

Would it be beneficial to my side to question the dad's during each respective case, regarding their involvement or intent to testify in the other case? would this cast enough doubt on their testimony or motivations that it would help?

or how would you approach this situation?

[socrateaser]

>Thanks Soc- I knew it would be a long shot, but I had to
>ask....
>
>Additional question:
>
>Would it be beneficial to my side to question the dad's during
>each respective case, regarding their involvement or intent to
>testify in the other case? would this cast enough doubt on
>their testimony or motivations that it would help?
>
>or how would you approach this situation?

It really depends on exactly what they intend to testify to, and how they actually testify. The best approach is to question the witness about the reason why he/she is testifying, and try to suggest that he/she has a bias or interest, which is improved by a ruling favorable to the opposing party. Example:

Q: Do you have a child with me, who is not involved in this case?

A: Yes.

Q: So, if the father in this case today prevails you get some satisfaction from beating me in court again, don't you?

OC: Objection: argumentative.

You: Goes to bias, your honor.

Judge: Overruled. Witness will answer.

A: _____ (I'm not a mind reader, but you get the idea. You want to do what you can to get the witness emotionally involved and hopefully do what Jack Nickelson did in "A Few Good Men: 'You can't handle the truth!' Did you order a code red? You're God Damn right I did!"

[Zephyr]

Thank you! at least one of them could be a clone for Jack in that movie....gives me some hope!