If I filed a motion for contempt against my ex (the original petitioner Of this case), who speaks first? Also, if my witnesses were the ones who actually experienced the events first hand, would they speak before me or do I explain what happened followed by them elaborating?
As you are the one who has brought the motion for contempt, you choose who to call as witnesses first. You may choose yourself first or your witnesses. Note, you likely would need to file a witness list in order for the Judge to allow your witnesses to speak, unless you get lucky and your ex does not object when you call witnesses if you missed the filing deadline. Also, you can use this as your opportunity to call your ex to ask your ex questions only of which you have evidence of the contempt.
You filed the motion so you get to speak first.
These comments are not to be construed as legal advice and are not attorney-client privileged. Each case turns on its own facts and issues, and each case result can be different. The advice provided herein is intended to be general in nature and not a solicitation for client representation. Further consultation with a qualified legal practitioner is strongly advised before taking action on the question posed.
Generally the person filing the motion, called the "Moveant" will speak first on the motion for contempt. Likewise if he is calling witnesses, his witnesses will go first. Only after he's completed his side of the case, will the opposing party have an opportunity to call their own witnesses.
I hope this helps.
Wishing you all the best.
David A. Carroll, Pensacola Divorce Attorney
I appreciate the opportunity to answer your question. However, please keep in mind that this answer is based on very limited information and should only be considered for general legal information and not necessarily specific advice to you. By answering this question we have not created an attorney client relationship and none is intended. The best advice I can give you is to obtain legal counsel of your own and spend time to go over all facts, issues, relevant laws, and strategies and make sure your fully understand all of your rights and responsibilities. Again, this answer does not create an attorney/client relationship and none is intended.
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