I am involved in a child custody case and trial has already been completed. The judge asked for both sides to submit their closing depositions by May 25th. They were submitted and the one sides papers include opinions, assumptions, and even untruths. In fact, some of the lies were not even discussed or brought up at all throughout this whole case. Is that allowed or even admissible?
I do not do family law. But, have more than 30 years of litigation experience. Often times clients are frustrated by litigation because they do not completely understand the process. Family law cases are tried to a Judge without a jury. After the trial the parties make their closing arguments. Sometimes these are done orally and sometimes the closing arguments are submitted to the Judge in writing. The closing argument often contains opinions and also versions of the facts that the other side may not agree with. Closing arguments are not evidence so there is no question of admissibility. Remember, the Judge was there during the trial and heard all of the evidence. The Judge will resolve factual disputes and then apply the law to the facts. So the simple answers to your questions are "Yes" and "Yes."
The information that I am providing is general information based on my understanding of your question. You cannot and should not rely on this general advice in making legal decisions. There may be important information that you did not include in your question that could drastically change the advice an attorney that was fully informed would give you. I am not your attorney. My response does not create an attorney client relationship.
Mr. Baker has it exactly right. The entire purpose of a trial of any kind is to determine which version of a story is true and after that, how the law applies to that story. So inevitably each side's closing argument will contain statements that the other believes are lies, and one side might have more than the other, or one side might be totally lies and the other the truth, but utilmateiy our process attempts to set out procedures to tell which was is true and which one is false. Hopefully the Judge sees the same thing you do and rules in your favor. I hope this helps. Good luck with your case.
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