Affidavit Response & Witness Info


#1

I have received several affidavits in a Motion for Modification of Child Custody that have incorrect information in them. Am I supposed to file something in response to it? Also, in a Child Custody hearing, am I required to notify the other party of any witnesses I plan on bringing that day?


#2

You should review your local rules for information regarding use of affidavits. If they are not specifically allowed, i would argue against their entry into evidence. If they are allowed, you can present rebuttal evidence in the form of affidavits or live testimony. I always believe that live testimony is better (if time constraints allow it).

Unless your local rules require, you do not have to provide the opposing party with a list of your witnesses. If you have to subpoena a witness, you do have to provide the opposing side with a copy of that subpoena.