I'm really confused about the OSC I was served. My ex wife had a substance abuse problem and lost custody of our children because of it. She wants custody back now and I was served her OSC and supporting facts. In her declaration, she states that her cerificates of completion for the programs are attatched as exhibit A. It was not part of the package I was served, so I went to county court to look at the file. The certificates of completion are neither in the main case file that has everything in it from the beginning of our divorce, nor is it in the confidential mediation file. Is it possible that I am not privy to seeing it? I would imagine that if she has it and intends to present it in court, I need to have it. What are the possibilities here?
It could be an innocent mistake. I see lawyers do it all the time with exhibits, forgetting to attach them. I don't know why you "need to have it." You probably need to see it and so would the judge. In the mean time, you could a.) point out the error in a letter to her and ask her for a copy 2.) say nothing and prepare for court assuming she will present it at the hearing 3.) be prepared to comment to the judge about the missing exhibit and indicate there is a problem with her filing at the hearing (probably will not do anything about it). The possibilities you ask for are endless but the bottom line, if I was guessing is, it was a mistake and she probably has the certificates or she would not have filed the motion in the first place.
Michael is in San Jose, California and can be reached at 408-295-4232 or at [email protected] Consultation fees, rates and retainers vary based on need and ability to pay.
Attorney Schwerin is correct this is probably a simple mistake. I also agree with the steps he mentions that can be taken. Bottom line is if she shows up at court with the documents the Judge will probably accept them.
Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific and court specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship
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