Motion for Order hearing. Can the party asking for the order bring in whitnesses?

Asked over 1 year ago - Fresno, CA

I have been served with a motion for order by my ex in family law division. He is requesting 9 orders be made against me including ending my spousal support. He states in two of his motions he is going to call witnesses. He did not provide their names. He did not provide a whiteness list. Can he call witnesses at this kind if hearing? We have had about 20 plus hearings during our five year divorce and the only time he had witnesses was during our settlement trial.

Attorney answers (5)

  1. James Louis Miller

    Contributor Level 16

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    Answered . I practice in Fresno and right now you are set for a short cause hearing. If your ex , or you wants to pursue the matter as a contested hearing you will be given another court date. At the contested hearing he can bring witnesses but he will have to give you a witness list and a short synopsis of what each witness will be testifying to. In most cases the witness list is produced 10 days before the contested hearing.

    Contact an attorney in your area to assist you as there are several rules, at contested hearings, lay persons often don't know or understand . Many attorneys, such as myself, in Fresno offer free consultations.

    Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific... more
  2. Isileli Tupou Manaia Mataele

    Contributor Level 19

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    Answered . yes he can. You can object but the court will likely just grant you a continuance to prepare for the witnesses.

    This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation.... more
  3. Robert Bruce Kopelson

    Contributor Level 20

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    Answered . Dont know about how calendars run in Fresno, but in some courts they will go thru the calendar getting time estimates to hear the case. When the estimate is long perhaps more than 1/2 hr total, the court will send the case to another trial dept if one is available. If one isnt, then the court may continue the hearing to another date entirely. The judge could hear the case possibly that day and may encourage the ex to shorten his presentation, like no witnesses.

  4. Antoinette Cara Liewen

    Contributor Level 15

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    Answered . Yes, he can call witnesses.

    DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal... more
  5. Constantine D. Buzunis

    Contributor Level 17

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    Answered . yes they can it is up to the judge whether to allow the witness, you can object and try to show prejuduce, if the judge allows, then ask for time to prepare for the cross-exam of the new witnesses.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more

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