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How to see the evidence submitted by opposing party

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hj65

Junior Member
What is the name of your state (only U.S. law)? CA

I am at the tail end of a long divorce case. In the process, I got rid of my first counsel due to loss of job and not being able to afford them at the time. When I get on a regular payroll few months down the road, I hired another attorney, as I was not happy with the first one's services. My second attorney turned out to be a jackass and blamed me with not communicating with them due to a couple of missing letters from me and dumped me few days before my trial, which was few days ago.

I had the papers from my firs counsel to be sent to my second one. In the trial, few disputes came up that opposing side says they have submitted as evidence while I was working with my first attorney. But I am unable to find such evidence in the paperwork. I have less than a month to write an argument showing cause to my demands and disputes with the opposing side (solely financial) but without this evidence being present, I am unable to do it. There are two possibilities: 1. my first attorney did not make a through job copying my files and something went missing during the document transfer process (I give them the benefit of the doubt and say it was "accidental"); or 2. Opposing side did not really submit such document and just trying to throw me off the course.

Regardless which ever is the case, do I have a right to see the actually filed evidence in the court records, not the copies of it at the attorneys' offices ? If yes, what is the proper process of doing so ? The evidence I am talking about is some financial institution documents showing the status of some accounts, containing joint earnings but accounts being under separate names, contents of which was totally unknown to me, prior to the divorce proceedings. I need to make a lot of cross referencing to trace, where a sizable chunk of money disappeared into. So, this will require a day or tw of going thru these documents.

Any pointers will be appreciated.
Thanks
 


tranquility

Senior Member
I agree with Zigner; you're way past fill-in-the-box land. There needs to be many steps taken to protect your rights. You will not be successful on your own.
 

hj65

Junior Member
My problem is, I need a forensic accountant at this point to prove that the money I am after is unaccounted for in the documents filed to the court. Unfortunately, I am not in a position to hire one due to financial circumstances. So, I will play the role of forensic accountant. After I trace the situation and put my demands on a paper accordingly, I will retain a law office to put it in writing in proper terminology of course, but I need to prepare the groundwork myself. If I let any attorney go wild on the incomplete documents (in my opinion and most probably true) for cross referencing the accounts, even if their lowly paid paralegals do it with a billing rate of $250/hr or similar, I am gonna lose most, if not all the money I am trying to recoup.

So, can I see the documents filed at court ? Even if this means camping out at an office in the courthouse.

Thanks
 

tranquility

Senior Member
My problem is, I need a forensic accountant at this point to prove that the money I am after is unaccounted for in the documents filed to the court. Unfortunately, I am not in a position to hire one due to financial circumstances. So, I will play the role of forensic accountant. After I trace the situation and put my demands on a paper accordingly, I will retain a law office to put it in writing in proper terminology of course, but I need to prepare the groundwork myself. If I let any attorney go wild on the incomplete documents (in my opinion and most probably true) for cross referencing the accounts, even if their lowly paid paralegals do it with a billing rate of $250/hr or similar, I am gonna lose most, if not all the money I am trying to recoup.

So, can I see the documents filed at court ? Even if this means camping out at an office in the courthouse.

Thanks
Your problem is that you are not going to do what you want. You need to continue the proceedings and ask for unusual remedies. They will have to be in the form of motions and will need case law support.

Once again, get an attorney.
 

hj65

Junior Member
Thanks for your input. I am not experienced at law, but since the case was ongoing for a long time and there is nothing other than financial disputes between the two of us, judge said he didn't want to see us in the court again. Gave me 1 month from the court date to submit my appeals and serve them to the other party as well. And other side has 1 month from the date of service to respond. Judge said he will rule after receiving both responses and will inform both parties via mail. Hence, I am not sure, if he will grant any more requests for continuance.

And to be perfectly honest, I do not want to piss him off even if a continuance is in my legal rights and have a judgement benefiting the other side. Even though he needs to be impartial, I am sure he has his own thoughts and may and will not take this request impartially.

Thanks again
 

tranquility

Senior Member
Unless you are at fault in some way obvious to the judge, losing your representation is going to be a valid reason to get a continuance and will not anger any reasonable judge.
 

hj65

Junior Member
here is why my last lawyer being a jackass part comes from. My trial was in October of 2012 originally. There were two sessions scheduled. Something like Tuesday for trial setting conference and Thursday the actual trial. And the assistant attorney (who were present in the settlement conference, which failed miserably) told me that I do not have to be present at the trial setting conference session but only on the actual trial day. And I safely assumed this was the correct info. When I showed up at the courthouse on Thursday that time, my name was not on any list and the main attorney (under whose name the practice is) told me (when I called him on the phone the same day) that since I didn't show up for the trial setting, my trial has been postponed to the beginning of this year. Between then and now, obviously they sent me a bill for a few hundred dollars, which I have not been able to locate and they blamed with being incommunicative and sent a letter to the court saying they want to be released from being my council. And instead of calling me and telling me about this, so that I could search for a new one, they sent me a letter which went into the shuffle with other junk mail and never got opened till about 3 days before my trial date.

So, of course the judge doesn't know about what transpired between myself and the attorney and looks at me as a no show guy in the last court day. And he, rightfully, doesn't care, in my opinion. So, in judge's perspective, I am already disadvantaged. I do not want to push my luck any further.

Thanks
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? CA

I am at the tail end of a long divorce case. In the process, I got rid of my first counsel due to loss of job and not being able to afford them at the time. When I get on a regular payroll few months down the road, I hired another attorney, as I was not happy with the first one's services. My second attorney turned out to be a jackass and blamed me with not communicating with them due to a couple of missing letters from me and dumped me few days before my trial, which was few days ago.

I had the papers from my firs counsel to be sent to my second one. In the trial, few disputes came up that opposing side says they have submitted as evidence while I was working with my first attorney. But I am unable to find such evidence in the paperwork. I have less than a month to write an argument showing cause to my demands and disputes with the opposing side (solely financial) but without this evidence being present, I am unable to do it. There are two possibilities: 1. my first attorney did not make a through job copying my files and something went missing during the document transfer process (I give them the benefit of the doubt and say it was "accidental"); or 2. Opposing side did not really submit such document and just trying to throw me off the course.

Regardless which ever is the case, do I have a right to see the actually filed evidence in the court records, not the copies of it at the attorneys' offices ? If yes, what is the proper process of doing so ? The evidence I am talking about is some financial institution documents showing the status of some accounts, containing joint earnings but accounts being under separate names, contents of which was totally unknown to me, prior to the divorce proceedings. I need to make a lot of cross referencing to trace, where a sizable chunk of money disappeared into. So, this will require a day or tw of going thru these documents.

Any pointers will be appreciated.
Thanks
I agree with the others that you need an attorney.

However, if you want to see exactly what was submitted to the court, and/or want a copy of what was submitted to the court, then you go to the courthouse and ask for (and pay for) a copy of the file.
 

hj65

Junior Member
I agree with the others that you need an attorney.

However, if you want to see exactly what was submitted to the court, and/or want a copy of what was submitted to the court, then you go to the courthouse and ask for (and pay for) a copy of the file.
If what I am understanding from your statement is correct, there is no way to get a certain portion of my file copied (if it exists of course). I have to pay for the copying fees for the whole 2+ years worth of documents. Right ?? And there is no way for me to just see, not copy, the file itself, while being locked in an archive room of some sort. Right ??

Thanks
 
The court that is handling my divorce case will allow me to see the file free of charge and I cant take it out of the little room. I take along my digital camera and photograph the sheets and jut print them out later.
 

Doreen

Member
If what I am understanding from your statement is correct, there is no way to get a certain portion of my file copied (if it exists of course). I have to pay for the copying fees for the whole 2+ years worth of documents. Right ?? And there is no way for me to just see, not copy, the file itself, while being locked in an archive room of some sort. Right ??

Thanks
Go to the clerks office, and ask to see your entire case file. They may have an area where you may go in and sit down and view your case files. If you are real nice and you need anything copied from there, the clerk may allow you to put posties to mark what you want copied, and they may copy only what you ask for. Expect each page to be in the neighborhood of 50 cents to a dollar. As Wavehopper noted, taking your own pics is cheaper. A cell phone camera is better if you have a scanner app to process it for printing at home.
 

Bali Hai

Senior Member
Go to the clerks office, and ask to see your entire case file. They may have an area where you may go in and sit down and view your case files. If you are real nice and you need anything copied from there, the clerk may allow you to put posties to mark what you want copied, and they may copy only what you ask for. Expect each page to be in the neighborhood of 50 cents to a dollar. As Wavehopper noted, taking your own pics is cheaper. A cell phone camera is better if you have a scanner app to process it for printing at home.
Cell phones with cameras or any cameras are checked with the deputy at the metal detector and given back when you leave at my courthouse.

But I agree that the clerk will let him see his own file and charge minimally for any documents he wants copied.
 

stealth2

Under the Radar Member
they sent me a letter which went into the shuffle with other junk mail and never got opened till about 3 days before my trial date.
THe court is really not going to care about the fact that you didn't open your mail. You apparently received adequate notice - you just didn't bother to read it.
 

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