Third Party Witness in a divorce

[tranquility]

The problem with giving advice in this instance is going through everything which might happen. Say the judge does not feel the OPs determination of what a "romantic relationship" is correct. When the judge orders the OP to show cause why she should not be held in contempt, what cause? The argument has already been lost.

Quashing and limiting instructions are the safer way to go. An attorney is safest. Expensive? OK. But, with a raise of hands, who here wants to do the examination of the OP? I bet it will be fun.

By-the-by, I've been told "romance" does not equal "sex". Does that mean it is possible a "romantic relationship" is not defined as a "sexual relationship"?

 

[mistoffolees]

The problem with giving advice in this instance is going through everything which might happen. Say the judge does not feel the OPs determination of what a "romantic relationship" is correct. When the judge orders the OP to show cause why she should not be held in contempt, what cause? The argument has already been lost.

Quashing and limiting instructions are the safer way to go. An attorney is safest. Expensive? OK. But, with a raise of hands, who here wants to do the examination of the OP? I bet it will be fun.

By-the-by, I've been told "romance" does not equal "sex". Does that mean it is possible a "romantic relationship" is not defined as a "sexual relationship"?

While it is almost always preferable to have an attorney, it is not always possible.

Yes, it's entirely true that OP could be forced to submit records. But for the reasons given above, there ARE no applicable phone records - for two reasons. If the judge doesn't like the fact that there was no romantic relationship, then there's also the fact that OP is not liable for any phone accounts and therefore there are no records due.

OP actually has a third defense - the subpoena is vague enough to be unenforceable. Since no date was given and OP says there was no romantic relationship, the subpoena does not tell OP what records are being requested.

On top of that, if the opposing attorney said that there was a romantic relationship, I would deny it and say "prove it - and then prove a date when it allegedly started. If you do, I will provide any applicable phone records". If OP is denying a romantic relationship, it is unlikely that anything could be proven.

Again, I would prefer having an attorney, but I think the odds of this blowing up in OP's face if he responds as suggested above are pretty slim. WORST case, the judge would tell him to get the records and submit them later.

 

[tranquility]

then there's also the fact that OP is not liable for any phone accounts and therefore there are no records due.

Liable for the accounts? No. The question is if they are in the OP's control or not. If she has access to the account or to the statements, she can be ordered to produce them even though she is not liable for them.

OP actually has a third defense - the subpoena is vague enough to be unenforceable. Since no date was given and OP says there was no romantic relationship, the subpoena does not tell OP what records are being requested.

I believe the objection here would be "overbroad and burdensome". Again, the OP better be right if she's waiting for the day she testifies to make the argument.

I believe the subpoena has many problems and could be quashed or have limiting/protective orders attached to it. I also believe the OP is not capable of understanding the problems and produce appropriately.

WORST case, the judge would tell him to get the records and submit them later.

Who would pay for the wasted court time and attorneys?

I would deny it and say "prove it - and then prove a date when it allegedly started. If you do, I will provide any applicable phone records".

Yea, witnesses telling attorneys what they require before production often works--in our dreams.

 

[Nablub]

Thanks for the help. There is a lot of good advice in there.

I do like the "over-broad and burdensome" line.

I also do not want it to seem like there was a "romantic relationship" by bringing in the phone records. If I did, I don't want them to say I admitted to it by bringing in the records.
If I don't bring them in, I don't want to be help in contempt either for not producing the "exibit A" they asked for.

Sorry, but what is an "OP"? Is that me?

 

[tranquility]

OP is the Original Poster. (aka you)

As to the rest, good questions and goals for your attorney to plan a strategy around.

 

[nextwife]

Unless a phone has photos of a couple actually cheating, how does a phone prove an affair anyway? I have phone contact with all sorts of people. That sure as heck does not indicate an affair occurred, even with frequent communication. MY accountant may get a mess of calls, a party from whom I am handling a property transfer may have lots of contact. How does phone communication, even when shown, prove or disprove an affair?

 

[tranquility]

Um...ask Herman Cain.