I have provided the family court with my evidences, a hearing was held, the other party did not file a reconsideration nor an appeal in regards to the authenticity of the evidence, thus it is considered under ER rule that is authenticated. However, the other party's attorney is planning on using a deposition to question a third party in regards to the evidence in my family court case. I have reason to believe they(the attorney, and the 3rd party) are trying to back paddle on the facts and planned on covering their tracks, which can greatly effect my case. What would the judge or commissioner likely to do when dealing with this type of issues?
Criminal Defense Attorney
It is nearly impossible for an answer to be given, except for local counsel who has experience with your judge or commissioner. Do a search for attorneys on this site, located in WA. Many have some sort of free consultation.
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Family Law Attorney
You really ought to read your question before submitting it as it is very confusing. As I gather what you are trying to say is that at one point there was a hearing, likely a show cause of some sort, and a temporary order was entered. Now you are getting ready to go to trial, after further discovery has been done, and the other side intends to use a deposition at trial. Is that correct?
You don't say who gave the deposition but if it was the 3rd party a lawyer doesn't use them for witnesses that present friendly testimony, only to impeach a witness who said one thing at deposition and now is changing their testimony. Testimony at trial helps a judge make decision on things like recibility and believabiltiy. The weight that a judge gives depends on the evidence, demeanor of the witness and what other proof might be available. So, the answer to your question is that the judge will give what weight he/she believes is appropriate, depending on the testimony.
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