Legal Question in Family Law in Florida

DOR hearing continued because opposing counsel wanted to hear testimony of child's doctor. Didn't want to pay doctor bills until we could prove something was medically necessary. After months of delays we now have a new date when doctor is available to provide testimony.

Now I hear from DOR that opposing counsel withdrew request to hear testimony. I have not seen anything in writing from the court or DOR that tells me that his testimony is no longer required. DOR will not provide any guidance.

I think the right move is to bring doctor to hearing, because the court ordered his testimony, and it should be up to the court, not opposing counsel to decide whether the doctor appears. Also I think the defendant should pay all fees associated with providing this testimony because its going to cost several hundred dollars for the doctor's time. Am I right here?

As for the delays, can the court see through this charade? What a great stall tactic. Ask for testimony and after 5-6 months decide you don't want it anymore.

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Asked on 12/31/10, 4:52 pm

1 Answer from Attorneys
Tracy Newmark The Newmark Law Firm, PA

Yes, your instint is right on. You should bring the doctor and you should make sure the doctor testifies about the professional charges that will be incurred for the testimony.

The only way to avoid it would be to obtain a court order excusing, or making moot, the testimony of the doctor, the written stipulation of opposing attorney that the doctor's testimony will be "ABC..." or no longer necessary, or something other that is official.

The charade will not be lost on the court. Remember, these judges and magistrates see and hear this stuff all day long; day in and day out.

The problem with DOR, while a great service, it is taxed to the max. There is limited staffing and they are not able to "keep up" with private attorneys on the other side of the case.

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Answered on 1/07/11, 1:35 pm


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