Hold My Hand Please

[CJane]

Courts will usually have local rules that list that court's preferences on how things are presented for filing. However, I think you will be safe using either the letter or number tabs as long as any references you make in the text of your pleadings to the exhibits accurately correspond to the letter or number used in the exhibit binder.

Yup! And guess what... MY county has sent the local rules out to be reprinted. And they have NO IDEA when to expect them back.

Their advice? Go ahead and file, and if there's anything wrong, the judge will just reject the petition.

Isn't that WONDERFUL????

Ya know, tomorrow's my Bday. Know what I was doing LAST YEAR on my Bday? Putting together a filing for custody/visitation/DNA testing/Child Support against Asshat.

I need a year off.

 

[Accountable]

Yup! And guess what... MY county has sent the local rules out to be reprinted. And they have NO IDEA when to expect them back.

Their advice? Go ahead and file, and if there's anything wrong, the judge will just reject the petition.

Isn't that WONDERFUL????

Ya know, tomorrow's my Bday. Know what I was doing LAST YEAR on my Bday? Putting together a filing for custody/visitation/DNA testing/Child Support against Asshat.

I need a year off.

Ya gotta laugh to keep from crying......[chuckle].

Hang in there!

 

[CJane]

So, this was my day...

I emailed the filing to kinko's last night for pick up today. I got down there and they didn't have it.

I had to buy a new power cord for my laptop because mine crapped out.

I reworked the entire filing and at 330, emailed it to the much more local copy shop for printing and told them I'd be there before 430 to pick it up.

After calling to make sure the copy shop received the email, I drove to D'man's house to pick up the money for the filing fees.

Made it back to the copy shop at 419. EVEN THOUGH I had called, they had forgotten to print it.

This is where being from a small town comes in handy... I told the owner that IF he had the copies printed in time for me to make it across the street to the bank for notarizing and then across town (all of 2 miles) to the court house by 5, I'd forget that I know where he lives.

They were printed before 425.

The notary at the bank saw me right away, notarized 3 copies for me, and did it all for a $1 donation to the juvenile diabetes foundation.

I made it to the court house, filled out the appropriate forms, paid the filing fees and the service fees, and was back in my car by 544.

I'm done!

For now.

If anyone can help me out with my Q? about evidence presentation and whether I need to give copies to the ex prior to the court date, I'd appreciate it.

 

[Ambr]

CJane

We were in Family Court in Missouri last month for contempt charges on the ex. We didn't get into a "hearing" because we tried the whole let's mediate it out before going in front of the judge route.

My ex played stupid, like he had never seen the letters (from the hospitals, doctors, insurance companies, etc) and his lawyer says.....we've never seen these. My lawyer says....you didn't issue interrogatories or request them. They didn't ask.....we didn't give.

The only thing it did do.....was give an opening for their lawyer to request a continuance to give them the opportunity to review all of the documentation that he wasn't worried about and denied ever existed.

 

[Ambr]

This is an passage from the Missouri Rules of Civil Procedure, pertaining to pre-trial procedure and evidence.

Following the filing of all initial pleadings, there begins a period of "discovery" which enables each party to learn of evidence held by opposing or other parties to the action. Generally speaking, the scope of allowable DISCOVERY is broad: FRCP 26 provides that parties may obtain discovery on any matter, not privileged, which is relevant to the subject matter involved in the pending action. Discovery is accomplished by means of subpoenas; requests for inspection of documents, photographs, recordings, or other items of evidence; the taking of TESTIMONY of witnesses (usually by DEPOSITION); review and copying of relevant records; written interrogatories (questions that must be answered under oath); written requests for admissions (requiring admission or denial of the facts posed); requests for physical or mental EXAMINATION of a party; and often, visitation to sites, premises, or geographic locations relevant to the case.

 

[casa]

So, this was my day...

I emailed the filing to kinko's last night for pick up today. I got down there and they didn't have it.

I had to buy a new power cord for my laptop because mine crapped out.

I reworked the entire filing and at 330, emailed it to the much more local copy shop for printing and told them I'd be there before 430 to pick it up.

After calling to make sure the copy shop received the email, I drove to D'man's house to pick up the money for the filing fees.

Made it back to the copy shop at 419. EVEN THOUGH I had called, they had forgotten to print it.

This is where being from a small town comes in handy... I told the owner that IF he had the copies printed in time for me to make it across the street to the bank for notarizing and then across town (all of 2 miles) to the court house by 5, I'd forget that I know where he lives.

They were printed before 425.

The notary at the bank saw me right away, notarized 3 copies for me, and did it all for a $1 donation to the juvenile diabetes foundation.

I made it to the court house, filled out the appropriate forms, paid the filing fees and the service fees, and was back in my car by 544.

I'm done!

For now.

If anyone can help me out with my Q? about evidence presentation and whether I need to give copies to the ex prior to the court date, I'd appreciate it.

Can't be certain in MO, but in most states, you have to serve all parties with any documentation/affidavits, etc. within a certain amount of days PRIOR to any court hearings. At least in Family/Domestic Court.

 

[CJane]

Can't be certain in MO, but in most states, you have to serve all parties with any documentation/affidavits, etc. within a certain amount of days PRIOR to any court hearings. At least in Family/Domestic Court.

That's what I was thinking.

He has to be served with the order to show cause no fewer than 5 days prior to the hearing date. I don't have a problem making sure he has access to all of the documents - though if he'd bothered to get copies of medical records, he'd have them all - just need to know proper procedure.

It's a HUGE amount of paper.

 

[casa]

That's what I was thinking.

He has to be served with the order to show cause no fewer than 5 days prior to the hearing date. I don't have a problem making sure he has access to all of the documents - though if he'd bothered to get copies of medical records, he'd have them all - just need to know proper procedure.

It's a HUGE amount of paper.

I know...but you WANT all the evidence IN FRONT OF THE JUDGE with NO reason for it to be delayed or inadmissable. At least get those medical records in and the letter from the teacher, etc. It's all of them together that shows a clear pattern of attempting to alienate & disparage you. He really needs to suffer some consequences for that FINALLY.

 

[CJane]

I know...but you WANT all the evidence IN FRONT OF THE JUDGE with NO reason for it to be delayed or inadmissable. At least get those medical records in and the letter from the teacher, etc. It's all of them together that shows a clear pattern of attempting to alienate & disparage you. He really needs to suffer some consequences for that FINALLY.

Well, here's what I was planning to do, even if I didn't HAVE to 'serve' him with the crap.

Prior to the hearing, but after I know he's been served and after I know when the hearing IS, I'll fedex to him, signature required, (or CRR mail if that's better) a binder EXACTLY like what I plan to use in court.

I also have a copy of everything for ME to use, in a binder and tabbed, and a copy of everything in a binder and tabbed for the JUDGE.

Do I need ANYTHING else?

 

[casa]

Well, here's what I was planning to do, even if I didn't HAVE to 'serve' him with the crap.

Prior to the hearing, but after I know he's been served and after I know when the hearing IS, I'll fedex to him, signature required, (or CRR mail if that's better) a binder EXACTLY like what I plan to use in court.

I also have a copy of everything for ME to use, in a binder and tabbed, and a copy of everything in a binder and tabbed for the JUDGE.

Do I need ANYTHING else?

Make sure all binders are stamped by the clerk BEFORE you send them to anyone. And his attorney if he's still his attorney on record). Yes, I think CRR is best - along with proof of service.

Otherwise, just A smart declaration page. Succintly & briefly listing the 'story' of the time line & sequence of events...Ending with your concern re; this pattern of refusal to co-parent.

 

[Rushia]

Did he get it yet? Is he flipping out? Details, please?

 

[casa]

Did he get it yet? Is he flipping out? Details, please?

I'm certain he's losing what little mind he has!

 

[CJane]

I checked the court's website last night, and so far all that's on there is that it's been sent to the judge for 'review'. No service information, no docket entries.

He hasn't called, nor was there a dead cat nailed to the front door when I got home tonight. So I'm guessing he's not been served yet.

 

[kdhohio]

Hiding my Cat

 

[Rushia]

I checked the court's website last night, and so far all that's on there is that it's been sent to the judge for 'review'. No service information, no docket entries.

He hasn't called, nor was there a dead cat nailed to the front door when I got home tonight. So I'm guessing he's not been served yet.

I was thinking more of the boiled bunny...