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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27692
Experience:  Attorney with experience in family law.
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1) In family law cases (specifically with an ex parte

Customer Question

1) In family law cases (specifically with an ex parte restraining order) is there a certain requirement time of notifying the opposing counsel or party of witnesses that will be called or can they just be called at the trial date with no notice to other
attorney or court? Basically, how far ahead do we have to tell the other party or court of witnesses we will call? (2) Additionally, if I need to call my daughter as a witness and their is a restraining order against me - do we simply notify the other attorney
we are calling her as a witness (can we just email them or is it actually a form to file?)?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Most courts will give a schedule for discovery and disclosure at some point throughout the process. When a trial date is set, the judge should give each party a deadline for submitting a Trial Brief. Among other things, this document lists every witness that you believe you might call at trial. If the other party served you with discovery requests, read them carefully to see if they ask anything about potential witnesses. There's an obligation to update discovery within a reasonable time when you receive new information, so that could be another reason you might need to tell them. If they have not served you with any requests for information about your witnesses and the judge has not ordered you to disclose it, you don't have to tell them.

How opposing counsel is notified depends on why you're telling them. If it's in response to a discovery request you'd send a Supplemental Response (which looks like the original response, but you only answer what you're supplementing). If the court ordered trial briefs, then you'd file that with the court and mail a copy to the attorney.

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