Legal Question in Family Law in Massachusetts
How to file a plea
I have letters from friends, family coaches and teachers to prove child abuse against my husband.How do I file a plea to have the letters added to my court file so the judge will have them to veiw?My husband already has a copy of these letters.
3 Answers from Attorneys
Re: How to file a plea
These letters are inadmissible as such.
If you wish the information considered in support of a pre-trial (or post-trial) motion, the information must be supplied as affidavits, signed under the pains and penalties of perjury by those who are supplying the information. The affidavits must be filed with the motion, and a copy of each must be filed on the opposing party.
If you wish the information considered as part of a trial, you must call the witnesses to the stand and have them testify under oath to that which they have witnessed.
It sounds like you need a lawyer, not a lesson in the rules of evidence.
Re: How to file a plea
Letters are hearsay and not allowed under the rules of evidence. If you are in a divorce case or have a trial pending, use live witnesses.
Re: How to file a plea
See my previous answers. Usually these documents do not disprove conduct. These documents should be reviewed with the husband's counsel to determine their usefulness, and I hope that he has a competent criminal defense attorney.
You do mean disprove, rather than "prove?"
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