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witnesses to testify

Started by raymi, Feb 15, 2007, 12:13:18 PM

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raymi

Case is in MN, I am the NCP. I am bringing a motion for contempt against the CP for denial of visiation. Again.

I would like to have two witnesses give their testimony in front of the judge.

What do I have to include in the paperwork that will be served to the CP to "notify" that I will have witnesses in court?

Could you please give me a template to work with?

Thank you so much. I know that I have read about this here but I am pro se and I want to be sure I get everything right.

socrateaser

>Case is in MN, I am the NCP. I am bringing a motion for
>contempt against the CP for denial of visiation. Again.
>
>I would like to have two witnesses give their testimony in
>front of the judge.
>
>What do I have to include in the paperwork that will be served
>to the CP to "notify" that I will have witnesses in court?

This is extremely specific to MN civil procedure. I can't tell you how to do it. But, generally, if you subpoena a witness as an affirmative witness, rather than to impeach the other party's testimony, you can just send the party a letter with the names of your witnesses and their contact information.

>Could you please give me a template to work with?

Nope. Different for every jurisdiction. You can get a subpoena "in blank" from the court clerk, and then fill it in and serve it on your witnesses. Exactly how to fill in the blanks is in the civil procedure code for MN, and I don't know it so I can't tell you what to do.

raymi

     I do not need to subpoena these witnesses as they are family members.  Or do I need to technically.

As far as if I need to impeach the other partie's testimony, which I believe I do, what do I need to do.

Can I really just include the list of witnesses in the papers I serve with the motions ect?

Thanks for the info, I hope I am being clear enough. I can understand if it is specific to the jurisdiction then I think I am stuck.

socrateaser

>     I do not need to subpoena these witnesses as they are
>family members.  Or do I need to technically.

If you want to ensure someone's appearance, then you need to subpeona them. Otherwise, suppose that your witness gets sick on the day of trial. You won't have a subpoena to show that this witness was an important part of your case, so the judge won't give you a continuance. Or, suppose that your witness gets a really important job deadline and the boss refuses to let him/her off work for that day.

The subpoena guarantees an appearance. Failure to use it is a promise of trouble.

>
>As far as if I need to impeach the other partie's testimony,
>which I believe I do, what do I need to do.

This is way out of scope. You are basically asking me to teach you trial practice. I just can't do that here.

>
>Can I really just include the list of witnesses in the papers
>I serve with the motions ect?

Probably. Check the state/local court rules for family law practice.