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psfunkytek

Guest
What is the name of your state? CA

I am in the middle of a relatively nasty custody case. Right now, there is an ongoing custody evaluation and I was told that EVERY document or evidence provided to the evaluator by either party MUST be also provided to opposing counsel/client.

In this case, opposing counsel has indicated in a couple of letters that he sent a "video tape" to the evaluator. My attorney has called twice and sent three letters requesting that we be provided with a copy of the tape since April and still, we have not received a copy.

We've already requested the evaluator not consider the video, but although I have NO IDEA what's in the video, I do know that's much like telling a jury to disregard a statement. Everytime I ask my attorney about this, he say's he'll call again, or write again and he does, but we are scheduled to complete the evaluation at the end of the month and still, no video.

What is the requirement/penalty for this attorney who refused to comply. She I/we file a bar complaint? Complain to the Judge.

What is the proper course of action to take in this case?

Any input is appreciated.
 


stephenk

Senior Member
depending on how much you have to spend, you could authorize your attorney to file a motion to compel production of the tape. has your attorney asked the evaluator for a copy of the tape?
 

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