you say the letter from doctor could not be admitted, question we have an evidentiary hearing for child parenting time, my attorney said no witnesses would be involved at this hearing only affidavits from both sides would this be true.A: If the letter is sworn under penalty of perjury, as an affidavit, then it may be admissible. Otherwise, not. The reason is that all evidence offered at a motion hearing must be of the same quality as evidence which would be admissible at trial. Testimony of a physician must be based upon personal knowledge and sworn under oath. Also, the physician's letter would have to show the physician's curriculum vitae and demonstrate the basis for his/her conclusions as having scientific validity. The final decision is the judge's. It's highly discretionary with the court. Also to confirm your answer my STBXW and her attorney probably would only get his notes for the 4/5 sessions she attended all the other sessions it was just me they would probably not have access to or be admissible.A: That's how I would rule, if I were the judge. There is an argument that you completely waived privilege by permitting your spouse to attend any sessions -- but I think that's an overreach to make that ruling. Once again, this is within the judge's discretion to rule to admit or disallow the evidence. Hope this helps.
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