Evidence


#1

What are you going to court for? Evidence for what?
I do not believe that in most ED/child custody/alimony cases there is a information sharing between attorneys. I believe that it is information that is presented to the court and proof to back up that information, such as date of separation, proof of ownership prior to marriage. Custody would be information, witnesses, other paper trails showing that it is not in the best interest of the child to be under the primary custody of that parent due to history of actions.


#2

Generally you do not have a right to know what evidence they intend to submit. However, you can depose the other party or send them a written discovery request to try and figure out what evidence they might submit.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Do I have the right to know what evidence my ex plans to submit? (He is represented). If so, how do I go about getting these answers? Also, am I required to notify his counsel of the evidence I will use or wait to see if he requests it?

Thank you.