Two questions: Pretial Witness Disclosure and Family Magistrates Powers in contempt

[JeanInFloridia]

What is the name of your state (only U.S. law)? Florida

Hi...I have a pretrial and contempt hearing coming up next week. I am representing myself pro per. I have no choice.

I want to call the opposing party and his witness first to question them during the hearing. Do I list them on my witness disclosure?

Second question: I filed civil contempt charges for 2 issues. Through stipulation and request for admissions, I'm 100% certain that my ex will be found in contempt. However, the facts support a charge for custodial interfernece under Florida statutes 787.03. I am not satisfied with the remedies available with civil contempt releif. Does a family judge have the power to charge or recommend a criminal charge for a violation of 787.03. If not, what powers does he have? Also, can I persue the charge with the State attorney after the civil contempt hearing, or will this fall under the double jepordy rule?

I ask this, so I can be prepared for what I want to ask the judge in court.

 

[tranquility]

What is the name of your state (only U.S. law)? Florida

Hi...I have a pretrial and contempt hearing coming up next week. I am representing myself pro per. I have no choice.

I want to call the opposing party and his witness first to question them during the hearing. Do I list them on my witness disclosure?

Second question: I filed civil contempt charges for 2 issues. Through stipulation and request for admissions, I'm 100% certain that my ex will be found in contempt. However, the facts support a charge for custodial interfernece under Florida statutes 787.03. I am not satisfied with the remedies available with civil contempt releif. Does a family judge have the power to charge or reccomend a criminal charge under for a violation of 787.03. If not, what powers does he have? Also, can I persue the charge with the State attorney after the civil contempt hearing, or will this fall under the double jepordy rule?

I'm not sure Florida has a requirement to list your witnesses (Other than expert.) under the rules. Is there a court order to do so? Is there an interrogatory out asking you for them? But, since you'll have to subpoena them anyway, you might as well disclose. As to the criminal issues, worry about your own case. You are in civil court. Unless ex is actually committing harm to the children, just deal with the civil issues.

 

[latigo]

What is the name of your state (only U.S. law)? Florida . . .

Hi...I have a pretrial and contempt hearing coming up next week. I am representing myself pro per. I have no choice.

Q: “I want to call the opposing party and his witness first to question them during the hearing. Do I list them on my witness disclosure?”

If you intend to elicit testimony from an adverse witness YOU MUST DECLARE to the court that that is your purpose in calling the witness. Otherwise you cannot ask leading questions or impeach the witness. (Florida Evidence Code Section 90.612)

If the proceedings call for the parties to present a pretrial/hearing list of proposed witnesses, then you would need to comply or lose the opportunity.

Q: "Does a family judge have the power to charge or recommend a criminal charge for a violation of F. S. 787.03"?

No, that would be within the province of the executive branch of government not the judicial branch.

Judges preside over and adjudicate cases where persons have been charged with crimes. They do not “charge” persons with crimes.