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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19681
Experience:  Attorney with experience in family law.
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NEW YORK FAMILY COURT TRIAL. I HAVE ITEMS THAT HAVE RECIEVED

Resolved Question:

NEW YORK FAMILY COURT TRIAL.

I HAVE ITEMS THAT HAVE RECIEVED IDENTIFICATION NUMBERS BY THE COURT.

HERE IS MY PROBLEM ---- THEY ARE NOT BEEN ENTERED INTO EVIDENCE AS OF YET --
WHAT ARE THE STEPS TO GET THE STUFF & THINGS INTO EVIDENCE???
I AM PRO SE REPRESENTING MYSELF.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

To get an item admitted into evidence, first, there has to be a foundation for it. That means having someone present testimony that is supported by the evidence, and explain or testify as to what the evidence shows/says. Then, the party makes an oral motion to the judge to move the item into evidence. That basically just means saying, "Your honor, I would like to move to admit Exhibit X into evidence." If the other party doesn't object, the judge will accept the exhibit.
Customer: replied 1 year ago.


WOULD YOU GIVE ME SOME OF THE COMMON OBJECTION REASON????


 


I KNOW REVELACY


HEARSAY


OPINION


REPRETITION


 

Expert:  Lucy, Esq. replied 1 year ago.
Those are the most common. The other big ones are lack of foundation (meaning that you haven't established why the evidence should be admitted), or that the evidence is so unfairly prejudicial that the risk of harm to the opposing party substantially outweighs the probative value (this is much less common if you're doing a civil trial without a jury).
Customer: replied 1 year ago.


LUCY THANK YOU


 


SAY EX WIFE ON WITNESS STAND.


I PROVIDE FINAL ORDER CUSTODY VISITATION AND ASK HER TO READ A HIGHLIGHTED PORTION: BASICALLY MOM SOLE CUSTODY-DAD NO VISITATION-------- EVEN READING THE TOTAL FINAL ORDER IS 2 PAGES.


 


I THEN CAN ASK THE COURT TO MARK FOR IDENTIFICATION, AND FOLLOW BY ASKING THE JUDGE TO MOVE THIS ITEM INTO EVIDENCE.


 


THE LAW GAURDIAN OR/AND MOMS LAWYERS CAN RAISE OBJECTIONS , DO I NEED TO GIVE EITHER OF THEM COPIES OF WHATS GOING INTO EVIDENCE OR WILL THEY LOOK AT WHAT WAS GIVEN FOR COURT IDENTIFICATION NUMBER?


 


THE JUDGE THEN DECIDES EVIDENCE OR REJECTS NO EVIDENCE?


 


PPRETY MUCH IS THIS THE PROCESS LUCY?

Expert:  Lucy, Esq. replied 1 year ago.
That is basically the process. If the other party already has all marked exhibits, they'll usually be following along and reading it with you while you are asking your ex-wife questions. If they ask to see it, you will have to show it to them, but they're basically just verifying that what you're submitting is the same document they have.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19681
Experience: Attorney with experience in family law.
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