The rules of evidence are voluminous and complicated. There are so many rules and so many exceptions and so much gray area that it does get frustrating. Generally speaking, family law judges have been known to let evidence slide by more than other judges, but it certainly helps the practitioner to be as familiar with the evidence code as possible.
Section 61.20 of the Florida statutes provides that if the court orders a social investigation and study in any action where a parenting plan is at issue, the court may consider the information contained in the study in making a decision on the parenting plan, and the technical rules of evidence do not exclude the study from consideration.
Your deposition is permitted as part of the discovery process. This means that you will be placed under oath and an opposing lawyer will ask you questions about this lawsuit. A court reporter will make a record of the questions asked and your answers. This record is later transcribed to written form. In some instances, your deposition may be recorded on videotape for use in the courtroom. Your attorney will be present at all times during this deposition. There will be no judge present. Once the court reporter has transcribed the questions and answers given, a copy is provided to your attorney and to the opposing lawyer. Your attorney will notify you when the transcript is available, and you will have an opportunity to review your responses and make corrections to the transcript. Usually, after you have had an opportunity to review the transcript, the court reporter files the original transcript with the court. If your case goes to trial, your deposition will probably be used in court, especially in cross examination by the opposing lawyer. For example, if your testimony at trial is different from the testimony that you gave at your deposition, the opposing lawyer may attempt to use this difference to show that you are not a reliable or truthful witness.
Why is my deposition being taken?
If one wants to appeal any order, whether it is in family law, divorce, custody, or any type of litigation, there are very strict rules that must be followed. There are deadlines that are extremely strict. Kenny Leigh & Associates has an appellate division that can help you with all of your needs. Time is of the essence, however, and if you wait you could lose any chance you had to file an appeal. Litigation does not always produce the results that we anticipate. In many instances, judges and hearing officers commit errors that may be corrected by filing an appeal. The appeals process provides a means by which erroneous trial court rulings may be overturned. Not all orders can be appealed. However, in most instances, an appeal must be filed within 30 days of the trial court entering the order. This is 30 calendar days. You may always speak to your attorney about appealing your particular order.
Often, but again not always, you must file a motion for rehearing before filing an appeal. The purpose of the motion for rehearing is to give the trial judge an opportunity to correct any alleged errors made. The motion for rehearing, if necessary, must be filed within 10 days of the trial court entering the order. Therefore, you should speak to an attorney about the necessity of this motion prior to the appeal.
Florida statutes have a relocation clause that should help when a mother is trying to take a child out of state. Do not get cocky about this, however. Although it is in the statute so that the legislature wanted to not make it so easy, it still contains no presumption against a move. Naturally, as a father’s rights firm, we would like the statute to have a presumption against allowing a parent to leave the state if the other parent is exercising their timesharing on a consistent basis. The relocation statute does not do this. It is absolutely no guarantee that the mother cannot take the child out of state. The good thing is that it at least makes the judges do a little work.
