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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
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Experience:  Attorney experienced in all aspects of family law
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The next hearing is for Aug. 13 2013, will I need evidence

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The next hearing is for Aug. 13 2013, will I need evidence and witnesses at this second hearing???
Hello again:

Do you know what type of hearing it is that is scheduled for August 13?
Customer: replied 3 years ago.

Not really, but CPS is involved state Att and CPS case worker already informed Judge of alligations in first hearing child taken from me already

Ok. And you said that you were given an attorney at the end of your first hearing, correct?
Customer: replied 3 years ago.

No,,, declined court appointed Att. and trying to raise the funds to hire my own.

Ok, first, let me strongly recommend that at your next opportunity, you ask the court to reassign you court appointed counsel. If you don't like the attorney's recommendations, you don't have to accept them. When you raise the funds that you need, you can still fire the court appointed attorney. Have court appointed counsel might not help your case, but it can't hurt.

That said, it's impossible to say for certain whether you will need evidence and witnesses at your second hearing without knowing what type of hearing it is. I should clarify that because the nuances of every case are different, this information should not be construed as complete or advice without consulting in person with counsel, but that said, evidence and witnesses are almost never needed at the second hearing. Typically, those things are not needed until there is an evidentiary hearing, and that usually does not happen until the 3rd or 4th hearing for any given case. If you don't have an attorney now and if you don't expect to have one by tomorrow, I strongly recommend calling the court house and asking what type of hearing is scheduled for August 13 in your case. If you must, visit the courthouse in person and ask to view your case file.
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