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  1. #1

    Default Late Submission of a Witness List

    State of Florida:

    Our case was in pro-sea court, my husband never showed to the hearing for the case management review, he faxed over a request for an extention and was denied so the judge heard some of my side and what I was asking for and she set the case for final hearing for january 15, 2010 and said on the order custody and child support to be set. And the dead line for a witness list was set for december 30th which I made it and he didn't. H enever filed anything.

    He retained a lawyer in january and we went for what should have been a final hearing and the judge said that an hour and a half wasn't enough so we can do what we can on that day and then set for a half or a full day. So visits were set and we have the final for full day in August.

    I'm repersenting myself and have done pretty good so far. Long story short, I asked yesterday when was I going to get thier trial exhibit list and she emailed back the witness list and the trial list will be mailed month before the hearing.

    My witness came on the last hearing in April so my question is how can they bring a witness in when a dead line was set and wasn't met by him, they told me in the pro sea dept all that happens when one party retains a lawyer is that the case transfers to the new Judge but, everything continues.

    I do believe that he just can't now bring a witness to court when he past a deadline, am I right?

    And no I don't have money for a lawyer, so I'm on my own here.

    Thanks,

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Witness List

    Quote Quoting Floridamom772
    View Post
    State of Florida:

    Our case was in pro-sea court, my husband never showed to the hearing for the case management review, he faxed over a request for an extention and was denied so the judge heard some of my side and what I was asking for and she set the case for final hearing for january 15, 2010 and said on the order custody and child support to be set. And the dead line for a witness list was set for december 30th which I made it and he didn't. H enever filed anything.

    He retained a lawyer in january and we went for what should have been a final hearing and the judge said that an hour and a half wasn't enough so we can do what we can on that day and then set for a half or a full day. So visits were set and we have the final for full day in August.

    I'm repersenting myself and have done pretty good so far. Long story short, I asked yesterday when was I going to get thier trial exhibit list and she emailed back the witness list and the trial list will be mailed month before the hearing.

    My witness came on the last hearing in April so my question is how can they bring a witness in when a dead line was set and wasn't met by him, they told me in the pro sea dept all that happens when one party retains a lawyer is that the case transfers to the new Judge but, everything continues.

    I do believe that he just can't now bring a witness to court when he past a deadline, am I right?

    And no I don't have money for a lawyer, so I'm on my own here.

    Thanks,

    Since the final hearing was rescheduled, yes he can bring witnesses even though the list was not produced before the original deadline.

    btw- it is pro-se, not pro-sea.

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