Recent Feedback
I have a hearing scheduled in order to obtain a civil protection order. The respondant has left messages that can be used as evidence for the hearing on my work phone. I do not have a copy but my company does. Do they have to comply with my request to obtain a copy of these messages?
Thanks fer your question. You should be able to subpoena the records from the employer here. You would include a civil subpoena for any and all recordings pertaining to XXXXX XXXXX including but not limited to those recorded on July 5 and 17th, 2009---this narrows the request down here and is less likely to draw objection if you can date it here..Sign the subpoena here--they should have these at the clerk's office here. Then they serve it on employer,Good luck here
At the hearing is the dialogue transcribed and made into a public record? If yes, can I ask that the records be sealed?
Yes you can. This would be reasonable and the court may agree and limit it at hearing. Good luck here in court...
What do you mean by limit it at hearing and what process needs to be followed in order to request that the records be sealed? I do not think that I can go through with the hearing unless I know my privacy is protected.
I meant that they may seal the record here after the hearing. It is possible that they hear the tape but not admit it into evidence--this prevents it from being in the record. There are several ways a court can address privacy issues here for your protection..
How can a court address privacy issues?
By sealing the record or listening to the tape but not admitting it into the formal record. This means the copies of the tapes go back to employer or are destroyed. If they seal here then the whole file is sealed in the courthouse and no access without a court order..
Experience: 25 years in civil, criminal, family, probate, elder issues, and administrative law
<p>Besides the tapes, is what is said by the petitioner and respondant public record? If yes, can it be sealed too?</p>
Yes it is public record but sealing would include all of the record here including the transcripts and exhibits as well..
Can you describe for me what happens at the hearing? Do I give my side of the story to the judge and then the respondent gives his side? Can we be separated? Do I have to sit on the stand when I present my side?
Usually there are two table separated. You sit at one , the other person sits at other. The counsel if they are represented sit with the parties. Witness is by the judge..Each side gets to present witnesses and ask cross questions. Judge may ask some too..
Is the petitioner and respondant the witnesses? This sounds like a trial.
Yes if you are filing here you are Petitioner and he is Respondent. Court usually looks like this.. Judge on bench at front wall-Witness next to him in chairPettioner's Table ------------------------------------- Respondent's TableGallery for others/publicRayAnswers40029.0947340278
If the respondant does not show up for the hearing, what happens?
If she doesn't show up they grant you a default in your favor here..
Does the petitioner still have to go through the events or is it just granted by default?
Petitioner here has to appear or they dismiss your case. You would move for default judgement in your favor if no one is there..
<p>By appearing, does that simply mean showing up or having to go through the events that are the cause of requesting the protective order?</p>
You would want to go over your application here and ask for it to be granted by default if the other side doesn't show..