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Divorce trial

New York, NY |

Hi,Divorce Trial date for my case is set, when should the evidence and witness that the opposite party present be known to me. How much time do they have. Can they present last minute evidence?

Attorney Answers 5


  1. This information could have and should have been obtained through the discovery process, by serving discovery demands and a demand for witnesses. If your trial has been scheduled, itis possible that your time to serve discovery demands has passed.


  2. You onl hav the right to access their evidence and know their witnesses if you have timely served the correct discovery demands.


  3. I sincerely hope that you have an attorney experienced in New York, NY. THe evidence to be presented at trial comes through the discovery process: documents requested by both sides during the pre-trial period, answers to Interrogatories served, and any depositions (EBT - Examination Before Trial in NY) conducted of any parties or third parties involved. Also, any forensic evaluation done of the parties and children (if custody is in issue at trial). Are you representing yourself or do you have an attorney? it is unwise to attempt to conduct a trial as your own attorney. I suggest speaking with and retaining counsel for trial posthaste.

    douglas@kepanislaw.com

    www.kepanislaw.com


  4. Beyond the good advice that you have received so far there are few additions. The judge who will try the case may have court or part rules for the trial that specifies the exchange of witnesses list and the remarking of evidence before the trial. It is best to hire a competent experienced trial lawyer for the divorce.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  5. When the divorce action was filed, at the very first conference you had with a judge, you were probably given a scheduling order indicating when certain things had to be done, like discovery. In the discovery phase, typically combined discovery demands are served on the opposing side requesting the names of witnesses. The other side would have had a set period of time to get those names to you. As for other evidence, Notices to Produce, Interrogatories and Notice for Examination Before Trial would have been served, whcih would have provided you with all documents relavant to the divorce action. If you are going to trial, you should know what the evidence will be and who the witnesses are. Last minute evidence can be produced, but depending on what it is, you could move to preclude its introduction, if the evidence was requested and not produced.

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