Do I have to notify other side of my witness ahead of time?for divorce trial, TRO hearing, for motion to show cause hearing etc.

Asked about 2 years ago - Hillsboro, OR

husband made false claim for motion to show cause he is lying i'm not in any contempt. but its more harrassment and to cause me to have legal fees i can't afford, he wants to wear me down so i can not afford divorce process. he told a mutual friend this is his plan. I have a witness to many of his behaviors. do I have to notify the courts in advance or can I just bring her to our hearings as they come up when she has something valid to share? a friend has seen alot heard alot in the marriage situation. also minor child willl be witness for certain things. he'll make he problems before hand if he knows she'll testify. do I have to tell him and his lawyer before hand? he's very nasty threatening stalking, vandelizing etc. but haven't proven yet as gone before police arrive when call.

Additional information

yes we have TRO but it doesnt stop the torturing us. no proof that its him. the legal system is just another tool for his torture of us. my friend is scared of him too so we dont want him to know she'd testify in advance. when his life goes wrong or he's mad at me for something. bad things happen, posioned dog, flat tires, vandelized hottub etc. so dont want him to know in advance. how do we handle this?

Attorney answers (1)

  1. Jay Bodzin

    Contributor Level 20

    1

    Lawyer agrees

    Answered . In response to the fundamental question here: No, you generally do not have to tell the other side in advance who your witnesses will be. Sometimes, certain courts will want to know how many witnesses you expect to have when they assign a case to a judge or schedule a hearing, so they know how much time you will need. This depends on the county and type of case. But you don't need to tell anyone the names in advance.

    As far as the rest of it - you really need to consult with a lawyer to help you deal with these issues. You won't get anywhere by just saying that "he's a liar" and his claims are false - you need to provide evidence. In general, I can tell you, courts do not like it at all when minor children are asked to be witnesses, especially against their parents. Some experts even consider that to be child abuse. You need to discuss this problem with a lawyer. You can call the Oregon State Bar for a free referral at 503-684-3763.

    Nothing posted on this site is intended to create an attorney-client relationship. Each case is unique. You are... more

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