What is admissible in court?


#1

Dear stagar:

Greetings. Yes, her notes are admissible. If you are worried about what they say, the resolution is to make a request for production of documents - specifically her notes. On a monthly basis (until trial), as for a copy of the same as a supplement to her discovery, so that you can know what is coming in advance. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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 but a full discussion with an attorney should be undertaken before taking any action.


#2

Hello,

I am curious as to what is admissible in court. My husband and his ex are scheduled for mediation soon, but I fear (and am almost certain) it will fail. As the inevitable court date will be set, I would like to know if all her notes she takes on a daily basis are admissable. We haven’t done anything wrong, but she has a habit of fabricating/contriving/embellishing information. The truth is buried somewhere in her notes, but is not the presentation she gives. My husband know she does this because they were married for 10 years and everytime she needed to get out of something or get something she started quoting information from her notes (which she may have just written, but they wouldn’t know that).

Our only fear of going into court is her ability to embellish stories and try to present her notes as accurate and valid information. Can she do this?

Thanks for your help.
STAGAR