Legal Question in Civil Litigation in California
Evidence at Hearing
Additional contempt of Court has occurred since the 1st OSC via an Affidavit of Facts was filed and served... I would like to bring this up in Court, but do not wish to have to complete a supplemental affidavit/OSC and pay to have it served. Could the supplemental affidavit be brought up in the hearing?
Can new evidence be produced when we go to Court in a few days?
Thanks for your response.
1 Answer from Attorneys
Re: Evidence at Hearing
No, but you may have served a new OSC regarding the new facts after (or before) the hearing. The court cannot hold someone in contempt without notice and opportunity to be heard. Technically, someone is not supposed to be served within 100 feet of a courtroom. But if he is put in jail, you can have the jailer serve him and sign a proof of service without having to pay for it. Good luck trying to get a contempt of court without the assistance of an attorney--not a simple feat (unless the DA is assisting you).