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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88631
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Please refer to my first Question to you for background on

Resolved Question:

Please refer to my first Question to you for background on this case. Your advice worked and we got a new trial. This case is in Florida and I know you don't practice there, but I asked our Attorney to prepare his pretrial info to Judge to include all witnesses and EVIDENCE, at minimum, list it all in his opening statement to at least get it on record. The first time , having so much evidence and testimony even the Attormey said this was a slam dunk. It was , just not our way. After asking for all evidence to be listed in pretrial or entered a list on our attorneys statement his response was"The rules do not allow for summary presentation, u will have to present ur case thru testimony , he wants to hear what u have to say, that's great if we get to talk this time. He also said, Judge knows she's an alcoholic . """" Great but case is set for 3 pm and I am afraid this will be another rush. I would switch Attormeys but no time and we are to deep with this one. If he allows the same thing to happen again , I maybe can't appeal on unentered evidence as proof, but I think I can argue legal misrepresentation. BUT I DON'T WANT THAT, just my granddaughter safe. Last time we had no court reporter, so not even sure what went on , I have argued with my entire family we need a court reporter. Judges can see what they said , where as I have seen one in another case , no court reporter I can't remember what I said, we start over!! So, I want one, plus we know what went on , what was said and what our attorney did or not do. My family says it will upset our Attormey to ask for one and might upset judge. I showed them proof how's my cases have court reporters and Attorneys and Judges are use to them and don't mind. They respond , Judge knows now she is a drinker, I am not sure how Judge knows but what my attorney emailed me this morning included in the quotes in sentences i sent u above from his email this morning, I want a Court reporter my family is worried it will offend our attorney to ask for one or offend judge. This is all tomorrow so if I am going to ask our attorney for reporter , I need to do today, or I could just hire one myself but would rather Attorney do. What do you think? See details in my first question to you and respond ASAP. Need a court reporter? OurAttorneys feelings us asking for one? Judges response to one. Answer as you would think. ASAP. THANKS
Submitted: 9 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your response and it is good you got a new hearing.

Your attorney is right in that the court will not allow summary presentation of evidence, they want to hear testimony and it is up to your attorney to make sure that witnesses are present and testimony is taken and that your attorney properly questions your witnesses.

You should ask for a court reporter if you want a transcript made of the proceeding.

You should trust your attorney on this case, that is why you have one, but you need to just keep asking them to put on your witnesses to prove your side of the case to get the judge swayed to your favor. It is up to your attorney to do that by presenting witnesses and evidence.




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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88631
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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