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 socrateaser Your Own Question
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 38801
Experience:  Retired (mostly)
10097515
Type Your Family Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

you say the letter from doctor could not be admitted, question

This answer was rated:

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 affadavits from both sides would this be true.

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 admisable.

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.

socrateaser and 5 other Family Law Specialists are ready to help you

Related Family Law Questions