Court Stamp and Admissibility of Evidence.

[RBader01]

What is the name of your state (only U.S. law)? California
I'm the respondant in a divorce action. Judge ordered me to pay for my wife's representation. My attorney appealed on legal grounds that Judge had no material evidence to issue an Order. A week after the Hearing, I found a I&E signed by me and stamped by the Court on the same date of the Hearing in which I was ordered to pay OPC funds for wife's representation. BTW, my attorney lost on Appeal.
My Question: Does the dated Court stamp document evidence as only filed? How does a party know if it's been accepted by the Judge as admissible? Strange that the stamp filing date was the same as the Hearing date. How can I determine if the I&E form was admissible evidence, and if the Judge had that document to possibly have the basis to issue the Order, and avoid a possible prejudicial error? Why the late filing?....attorney procrastination?
All responses greatly appreciated.What is the name of your state (only U.S. law)?

 

[Ohiogal]

What is the name of your state (only U.S. law)? California
I'm the respondant in a divorce action. Judge ordered me to pay for my wife's representation. My attorney appealed on legal grounds that Judge had no material evidence to issue an Order. A week after the Hearing, I found a I&E signed by me and stamped by the Court on the same date of the Hearing in which I was ordered to pay OPC funds for wife's representation. BTW, my attorney lost on Appeal.
My Question: Does the dated Court stamp document evidence as only filed? How does a party know if it's been accepted by the Judge as admissible? Strange that the stamp filing date was the same as the Hearing date. How can I determine if the I&E form was admissible evidence, and if the Judge had that document to possibly have the basis to issue the Order, and avoid a possible prejudicial error? Why the late filing?....attorney procrastination?
All responses greatly appreciated.What is the name of your state (only U.S. law)?

Truthfully talk to your attorney. But if the I&E form is required for filing, then it is part of the court record and can be used. Anything on the court record can be used as evidence unless it is overruled or withdrawn.

 

[RBader01]

I&E filed on date of Hearing.

Much appreciated answer....thanks Ohiogal.
My attorney had the I&E filed (stamped) about 2 hours prior to my divorce Hearing, Would the Judge have been given the I&E in time, if I was on docket, in order to review my income and assets to ejudicate that I be ordered to pay for my wife's legal representation? Can a filing be entered too late for it to be used the same day?

 

[latigo]

What is the name of your state (only U.S. law)? California
I'm the respondant in a divorce action. Judge ordered me to pay for my wife's representation. My attorney appealed on legal grounds that Judge had no material evidence to issue an Order. A week after the Hearing, I found a I&E signed by me and stamped by the Court on the same date of the Hearing in which I was ordered to pay OPC funds for wife's representation. BTW, my attorney lost on Appeal.
My Question: Does the dated Court stamp document evidence as only filed? How does a party know if it's been accepted by the Judge as admissible? Strange that the stamp filing date was the same as the Hearing date. How can I determine if the I&E form was admissible evidence, and if the Judge had that document to possibly have the basis to issue the Order, and avoid a possible prejudicial error? Why the late filing?....attorney procrastination?
All responses greatly appreciated.What is the name of your state (only U.S. law)?

Much appreciated answer....thanks Ohiogal.
My attorney had the I&E filed (stamped) about 2 hours prior to my divorce Hearing, Would the Judge have been given the I&E in time, if I was on docket, in order to review my income and assets to ejudicate that I be ordered to pay for my wife's legal representation? Can a filing be entered too late for it to be used the same day?

Your petty quibbling here over a Section 2030 order that has already been sustained on appeal is both futile and weakly pathetic. Pathetic in the sense of attempting to challenge the “admissibility” of your very own income and expense statement!

Secondly, while admitting that your I&E Statement was made a part of the court record, fabricating this sophism of yours that is was too fresh in the file to be taken into account by the judge. (Are you supposing that it takes days for a judge to examine those statements.)

__________________

Most noteworthy in your posts is the absence of even a hint of a suggestion that a comparison of those individual I&E’s would not reveal such discrepancies in income and needs as to justify the issuance of the Section 2030 order.

In sum, what you are saying is that the court had not right to rely on your I&E even though it was part of the court record. I would be interested in knowing if the attorney was so unthinking as to present that reasoning as grounds for the appeal.

And while speaking of that appeal, my guess is that you got ripped off for wasted attorney services.

Why? Because family court judge’s decisions are never disturbed unless there is clear and compelling evidence that judge abused his or her discretionary power. And there is no indicia here of any such abuse.

 

[davidmcbeth3]

I have a summary judgment pleading pending ... similar stuff...the opposing party is now objecting to his own previously filed exhibit .. its a riot when people do that.