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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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State-Florida whathappensif an opposing counsel does not submit

Customer Question

State-Florida
whathappensif an opposing counsel does not submit witness list and we are within a day of trial?
Submitted: 3 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your question. Please permit me to assist you with your concerns.

If there is no witness list then if any witnesses are going to called and/or utilized, the judge has to agree at trial AND the other party does not end up reasonably contesting their inclusion. This makes bringing in witnesses much tougher for the opposing counsel but not impossible. Expert witnesses especially can be sworn in and be asked to testify if their credentials are validated even if they are not on the witness list provided there is good cause or reason as to why the list was not submitted. But essentially the other side in this case can contest inclusion on the basis of not being prepared and/or notified in advance, which would provide unfair advantage to the other party.

Good luck.

Customer: replied 3 years ago.

Thank you... So it's difficult to blindside the other party? Also, this deals with a custody issue. I have custody of our daughter in our home state. The mom is trying to relocate the baby. Did I mention I have temporary custody? It is my understanding that before relocating the baby can be addressed, there has to be a petition to relocate the minor before the court can even make that ruling. Is this accurate?

Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your follow-up, and you are most welcome.

That is correct, it is most difficult. The parties are both entitled to equal information, equal opportunity to speak with witnesses or know who may appear. Trial surprises are exceedingly rare as the parties are entitled to both knowing the same information for the case.


Before relocating a child, there is no relocation order required UNLESS there is already a custodial order in place granting access that has a relocation clause, OR if by relocating the ability of one of the parents to see the child is severely affected. Relocation 5 miles down the road does not require a court order. Relocating out of state 2000 miles away if there is a relocation order in place does require an order first. In your case since you have custody relocation cannot take place until a court order is granted since you have custody and primary rights to the child.

Good luck.

Customer: replied 3 years ago.

Thanks for anothergreat answer. This will be my last one. I just want to be clear of the particulars. i reside i Florida, which has jurisdiction over the baby. Her mom wants to move the baby to Michigan, which would greatly alter our relationship. Does the petition still not pertain to this?


 


Last question, I promise.


 


Thanks

Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your follow-up. It would be my pleasure to clarify, truly.

My answers pertain to Florida laws. On this point the states more or less agree that relocation is permitted unless there is a court order denying relocation.

Good luck.