Yes, I know I can ask my attorney, but it is the weekend.
Problem is my son has severe allergies w/ lots of dieatery and environmental requirements. His Drs. are all out of state so having them come to be expert witnesses my be impossible.
Thanks!
2006-09-02 15:00:52 · 6 answers · asked by bob 2 in Family & Relationships ➔ Marriage & Divorce
For you and your position it would be great. However if I were the opposing attorney I would fight its admission with everything I could muster.
Reason:
As good as I might be as an attorney I could never effectively cross examine a video tape.
Maybe, just maybe a video conferencing hook up in the court room might be acceptable to me but there would have to be some very good reasons not to have "best evidence" available. A jury reads body language and voice inflection. Your tape would essentially a "softball interview" it would not put any stress on the Doctor or challenge them in the ways I would.
2006-09-02 15:13:24 · answer #1 · answered by gimpalomg 7 · 0⤊ 0⤋
Your video might be able to be presented as evidence but it is easily thrown out because the other side will not be able to cross-examine. Most court-rooms are able to provide video conferencing for testimony. Being your doctors are in another state, that might be the best bet to have them testify for you. Another thing to keep in mind is to provide evidence that you are more suited to handle the responsibility of custody (i.e. receipts of medical costs paid by you, training, experience, how long you have worked with the child in question).
2006-09-02 22:10:09 · answer #2 · answered by Lonewolf 3 · 0⤊ 0⤋
curiouse, a signed letter from your sons doctors is considered an affidavit it has to specify your son by name and be addresses to the court. by address i mean it has to mention that he is sending it to you for use in court and must have contact info on it so if need be the judge can call those doctors to validate any info that might be pertinant. a video has no more relevance then a letter and with out a letter to accompany the video its worth even less. all youll need is the affidavit
2006-09-02 22:12:36 · answer #3 · answered by joe 4 · 0⤊ 0⤋
No. Witnesses have to be present in order to be cross examined. Video could be intorduced as possible evidence but not as a witness.
2006-09-02 22:03:47 · answer #4 · answered by DaProfessor 3 · 0⤊ 0⤋
Ummm i dont know the legal system but i dont see why not.. but as u know its probably best for u to ask your lawyer on Tuesday.. (monday being a holiday)..
2006-09-02 22:10:52 · answer #5 · answered by brwneyedgrl 7 · 0⤊ 0⤋
If you have the $$$$$$ to get them to your court hearing then why not do it wish you well. but I hope you have plenty of $$$$$ because I dont see it happening unless you have the $$$$$.
2006-09-02 22:08:03 · answer #6 · answered by CaliMa 3 · 0⤊ 0⤋