How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38734
Experience:  I provide family and divorce law advice to my clients in my firm.
18572087
Type Your Family Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

Hi Dimitry, Okay, one more and then some shut eye. How are

Resolved Question:

Hi Dimitry,
Okay, one more and then some shut eye. How are you at appellate law.???

Ex-wife in her appellate brief includes inferences that paint a distorted picture. The appellate court prolly won't give two hoots about her inferences, but still we would like to include a transcript that contains statements made by the GAL in order to rebut or clarify the matter.

There are three problems:
1. This transcript is NOT from the custody trial proceedings. It is from some proceedings in January of 2009 and before a different judge.

2. While the transcript is physically located in the case file, it was not ordered to be a part of the custody trial nor was it entered into evidence for that trial.

3. The statements of the guardian ad litem from the January 2009 transcript are not under oath. The GAL spoke to the judge, counsel for both parties spoke to the judge, the parties themselves spoke to the judge, and then the judge entered orders.

4. The statements made by the GAL pertained to a letter and conversation he held with the "then" parenting counselor Dr. XYZ. I don't know if this wold be considered hearsay.

We would like to file a motion asking the appellate court for permission to include the transcript. Are there any legal grounds that we can cite in the motion.
Submitted: 4 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your follow-up and for again requesting me.

Just one question please--is this appeal "de novo"?
Customer: replied 4 years ago.
What is "de novo".
The custody/visitation hearing was held before and decided on by a judge. Not a jury trial.
As to the appeal, the ex-wife is asking the court for a new trial.
Does this help?
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your follow-up.

My apologies on the delay.

:De novo" means "anew", that is, a new trial with new evidence that would disregard the past decision and permit the court to hear the claim as if the original hearing did not take place.

Getting the new information in would be tough. It would be considered hearsay simply because it was never corroborated or stated under oath or at a deposition. The best claim is to try Section 4-1, as that is the "catch-all" provision for evidence. Here you are literally claiming that since this possible evidence may make one claim or fact more relevant than before, and this fact is important to trial, the court should at least consider permitting it into evidence. This is very much a long-shot, but it is possible.

Edited by Dimitry Alexander Kaplun on 12/1/2010 at 7:59 AM EST
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38734
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 10 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 
Chat Now With A Family Lawyer
Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
7381 Satisfied Customers
I provide family and divorce law advice to my clients in my firm.