Is voir dire testimony and therefore does testimonial immunity attach ?

Asked over 1 year ago - Jackson, WY

My ex wife's therapist filed an affidavit with the court accusing me of abusing my daughters . The judge conducted what he described as voir dire and ruled that the therapist had no foundation and his affidavit and testimony were not allowed This therapist swore that he had interviewed my daughters , and I was a risk to my daughters . He later admitted that he had not seen my daughters for over 6 years , and has never met me . In attempting to bring a civil suit , the response I get is that the therapist has testimonial immunity , even though his testimony was not allowed due to the lack of foundation . Based on WY case Elmore v Van Horn which was right on point involving a therapist who lied on the stand , except in that case there was no issue of foundation re the therapists testimony

Attorney answers (1)

  1. Michael Douglas Shafer

    Contributor Level 20

    Answered . From what I can glean from this, the court disallowed the expert testimony as the witness failed to qualify as an expert. By definition, there is no immunity to attach.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,155 answers this week

2,824 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,155 answers this week

2,824 attorneys answering