Legal Question in Family Law in California

I was told that my witness list must be filed/served 10 days before the hearing date concerning child custody. The petitioner was also supposed to file/serve a cop of his witness list to me as well in the same time restriction. My hearing is scheduled for the 15th of September so that puts the file/serve deadline at the 5th. After the 5th came and went I assumed that he was not gonna have any witnesses and put it out of my mind to prepare. On the 9th I recieved a letter from his attorney post marked the 8th of September but the paper work inside was backdated the 4th of September. This is just another of the many stunts his attorney has pulled and I, not having representation, feel like my ignorance is being taking advantage of. Is this a good service of his witness list or is there something I can do to deflate his railroad operations and stop his witnesses?


Asked on 9/10/09, 5:41 pm

1 Answer from Attorneys

Family Courts are notorious for allowing late filing of papers. In this case the 5th was a Saturday. Strictly following the rules would call for serving the list on the 4th, but many courts would accept it the next business day, the 7th. If his attorney dropped them in the mail the same day, they may not have been picked up and postmarked until the 8th. That combined with the Family Courts' preference for hearing all relevant evidence before making a decision, and refusing to exhalt form over substance, means there is very little chance you can get his witnesses excluded on this little technicality.

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Answered on 9/10/09, 7:04 pm


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