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Will the judge accept this?

Rochester, NY |

I am the petitioner and my first appearance is in December. I have physical evidence to support my case. I am almost positive we will be getting scheduled for a second appearance following the first. I need to know if the judge will want my documents of evidence to keep and evaluate until the second court appearance? I need to know so I can make copies for myself if so. I also have a recording on my iPod of a conversation between the other party (father) and I (resource of evidence) proving one of my reasons for wanting physical custody. I am going to see about transferring it onto another device for the judge to keep and listen to during the wait for the second appearance. What is the probability that he will be willing to take it and listen to it during the wait?

The recording is 24 minutes long, but I need the whole recording for my proof of evidence. The whole conversation proves a few of my concerns and proof of reason for wanting physical custody. I also need to know the procedures for getting the recording device to the hands of the judge? I do know that with going through security you are not allowed to bring certain devices past their presence due to confidentiality reasons. I will not be appointing a lawyer to represent me due to financial reasons nor will I qualify for a low income attorney due to level of income. All knowledgeable information is appreciated. The location of the court proceedings will be held in the Monroe County Family Court. Thank you.

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Attorney answers 3


It is hard to say for sure if the Judge will accept these. But in any event you should have copies prepared and ready to go. If you can burn the recording to disc and be prepared to testify that they copy is a true, complete and accurate copy of the original that will be a good start. You should bring a la top computer or other device with which you can play any recording you have.

It is more likely that the attorney for the child or children rather than the Judge will listen to the recording. You should have a copy of everything ready for them.

You should consult with a local attorney who is familiar with your local Family Court. On-line advice is no substitute for an in-person attorney consultation.

Attorney at Law
Valatie, New York

The information offered at this website is not, nor is it intended to be, legal advice. You should consult an attorney for legal advice regarding your individual situation. This answer does not create an attorney-client relationship.


You don't say what you court appearance is for. I always suggest you keep extra copies of documents for yourself. That being said, it is unusual for a court to take all of your evidence and documents etc.. at a first appearance unless you are on for a hearing. Also, the opposition should have a chance to get discovery from you and obtain all of that data. Recordings must be presented with the proper foundation too. Be sure to at least consult with an attorney in your area before the court date.



It's for custody


Since you say this is the first appearance the answer is that most likely the judge will not look at any evidence as evidence is for a trial. You can bring up whatever you want but the judge will definintely not keep evidence to look at between court conferences. Speak to a local family law attorney about how to present the evidence and what to do.

I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" if you wish. This is easy to do and greatly appreciated.

This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.

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