Couple questions....ok several

[Ohiogal]

Thanks OG! I do have the rules of civil procedure and have been really studying them, it's been worse than studying for college finals!!!

and the part about "they must provide you with a witness list and exhibit list before trial"

even though they "must provide" that is, at my request right? I mean they aren't just going to hand it over out of the blue right?

Actually most times the court requires both sides to exchange this information at the last pre-trial. Granted that is what I am used to in Ohio but definitely check the local rules for your county. They probably have a requirement in the county that states this as part of the pre-trial documents to where they have to hand it over -- trial by ambush makes great television but it is not reality normally. And if not provided -- and required -- you can object to any witnesses that you were not informed of prior to and then they have to show good cause as to why individuals should be allowed to testify without prior notice. Definitely check your county's local rules. You can also object to any exhibits they try to introduce if you were not given copies of them prior to trial if your county's local rules require a witness/exhibit list.
Rules of Civil procedure are state rules in domestic cases but the local rules can be more important. I can't help you with your local rules because I dont know your county. But start here:
http://www.wisbar.org/AM/Template.cfm?Section=Circuit_court_rules2

 

[Zephyr]

Thank you so much OG!!!!

 

[fairisfair]

you bet! I'd feel like OJ with the dream team

and WHAT exactly, makes either of you think that BB would stay on HIS shoulder??

 

[Zephyr]

and WHAT exactly, makes either of you think that BB would stay on HIS shoulder??

but he would be more than welcome to jump off the shoulder and take the stage

 

[Ohiogal]

Thank you so much OG!!!!

You are welcome. I try to help other seniors here -- at least the ones I like! Sometimes I dont know the answer and sometimes I just don't have the time. You have got me at a proper time though as I am winding down for maternity leave. Only half days for most of the rest of the month. (That way I can take a nap every day or at least have time for a nap!)

 

[Zephyr]

You are welcome. I try to help other seniors here -- at least the ones I like! Sometimes I dont know the answer and sometimes I just don't have the time. You have got me at a proper time though as I am winding down for maternity leave. Only half days for most of the rest of the month. (That way I can take a nap every day or at least have time for a nap!)

by this time though, aren't the naps broken up frustratingly by those every 5 minute trips to the bathroom??? I swear my son thought my bladder was a trampoline!

 

[Zephyr]

just googled the local court rules for the county for one of these cases- for that county it says no local rules....interesting (one less set of things to study)

 

[fairisfair]

just googled the local court rules for the county for one of these cases- for that county it says no local rules....interesting (one less set of things to study)

no fair, mine is 200 pages long. Oh, well, at least they made it an even number, and part of it is forms, but heck, talk about confusing. I was cutting and pasting from your thread as fast as OG was posting. Helped me alot too.

 

[Zephyr]

no fair, mine is 200 pages long. Oh, well, at least they made it an even number, and part of it is forms, but heck, talk about confusing. I was cutting and pasting from your thread as fast as OG was posting. Helped me alot too.

yikes!!!! the other county I am dealing has, get this- one....concerning filing by fax.....hehehehe

 

[Ohiogal]

by this time though, aren't the naps broken up frustratingly by those every 5 minute trips to the bathroom??? I swear my son thought my bladder was a trampoline!

Yeah which is why I try to get a nap every afternoon. The really frustrating thing is I couldn't sleep two nights ago and turned the tv on to and ended up catching part of an informercial for a tempur-pedic mattress which began with "Having trouble sleeping?" I screamed HELL NO and threw the remote. My husband fell out of bed and started laughing when he figured out what happened.
I just keep telling myself NOT MUCH LONGER!

 

[Ohiogal]

no fair, mine is 200 pages long. Oh, well, at least they made it an even number, and part of it is forms, but heck, talk about confusing. I was cutting and pasting from your thread as fast as OG was posting. Helped me alot too.

Fair glad to help! I like you too!

 

[casa]

All parties and order in WI.

Little background, I have two children from 2 fathers. I have started court motions recently regarding both children. The older child I am the NCM for and the younger I have a 50/50 split with dad- no cp designation.

The older child I have filed a motion for modification of physical custody with the request of a new parenting plan if the judge does not see fit to transfer custody. The younger child I have filed to have the school district determined and a parenting plan put in place, as there wasn't one previously.

The father of the younger child (and his family) were instrumental in the case transfer custody of my older child to dad.

As I am taking both fathers back to court, I have no reason to doubt they won't try to help each other again. Actually due to things I have heard, I have every reason to believe they will help each other and testify on each others behalf.

I have not been found unfit by any judge or court, the judge in my son's case actually said I provide the better environment but because my son had lived with dad for the duration of the court case under an ex parte order, that he didn't want to disrupt his life again now that he had adjusted.

Questions:

1. In Wisconsin do I have to make any type of formal request to open discovery?

2. What type of request do I make to find out who will be called as witnesses?

3. How do I best use interrogatories and/or depositions? Can I use both?

4. In my younger child's case, I believe the father will call the father of the older child as a witness in some capacity- however the father of the older child has never once seen me interact with the younger child at all- I believe any testimony from him will be of the character assassination variety. Is there a way I can prohibit him from tesifying?

5. Is it in my interests to make the court aware of this "teamwork" on the part of the fathers? How do the courts view this type of thing?

I've experienced this type of attempt at character assassination. Youngest daughter's father (Narcissist) tried to bribe oldest daughter's father to attend court on his behalf. Problem was, oldest's father was absent for a number of years (no contact/no support) & when he re-emerged I went above/beyond to facilitate their relationship...even agreeing outside of a court hearing to what he could 'afford' in CS

The GAL, the judge AND the Mediator ALL blasted BOTH fathers for their 'tag-team' efforts They both looked like idiots & that was the one and only time oldest's dad ever set foot in court before or since. I can't tell you how many apologies I've gotten from him since then.

This was in CA, not WI...so not sure how WI views these types of things...but the CA judge gave a good chewing out to the both of them, and it was pivotal in youngest's Dad losing.