Question:
I have watched as the court is allowing evidence in a case. This evidence is 18 years old and the marriage was only 8 years old. How the ex obtained this evidence is not being allowed to be contested in court. Not to mention how old the information is. Please tell me how your law firm thinks about this kind of disclosure in our law system. How would you try and resolve this situation. I want to know if your law firm would even try to come up with a way to block it.
Answer:
It really depends upon what the evidence and situation. I really do not see how 18 year old evidence would be relevant in most circumstances. I had something like this come up some years past and file a Motion in Lemine which is a pre-trial motion that sets rules for the trial. In that Motion, the Wife wanted to bring forth some testimony concerning the father from 15 years past when he was 14 years old. I filed and won the motion and the opposing party was prevented from offering evidence or testimony about the issue. If the matter is already at trial, the attorney should object. If extremely important, the attorney could ask for the proceedings to be halted while he files a Writ with the Court of Appeals. If the information was allowed over objection and a Writ was not filed you could appeal the issue if the judgment is less than 40 days old.
