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Topic: Petitions

Created on: 11/12/21 11:22 AM

Replies: 3

JON5


Joined: 08/29/21

Posts: 6

Petitions
11/12/21 11:22 AM

Based on the teachings of the course, I can submit a Motion to demand the evidence (before the initial hearing) provided to satisfy the statue elements which states: The sworn petition must allege the existence of such domestic violence and must include the specific facts and circumstances upon the basis of which relief is sought.

I ask because previous counsel told me that I am wrong and the court must have a evidentiary hearing (counsel provided appellate court opinion).

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JOSEPH66


Joined: 08/16/21

Posts: 74

RE: Petitions
11/12/21 11:34 AM

google results 1 (Motion to demand the evidence before evidentiary hearing)

https://www.law.cornell.edu/cfr/text/10/205.199

keep in mind jurisdictions vary slightly but if all else fails refer to the federal
the supremacy clause usually comes into play

google results 2
"What comes before an evidentiary hearing?
In contrast to a court, the sworn evidence in a Commission case is prefiled in writing well before the evidentiary hearing takes place, and then sworn to and admitted into evidence at the hearing. The evidentiary hearing is mainly taken up by parties asking questions (cross-examining) about the prefiled testimony."

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JON5


Joined: 08/29/21

Posts: 6

RE: Petitions
11/12/21 11:52 AM

@Joseph66 Thank you for this exchange.

If a request for production is made and the "evidence" the opposing counsel is attempting to use is not the original appears manipulated and definitely attempting perjury (flipped photo so that a previous injury appears on a different side), can I then submit a Motion to Strike lack of Authentication?

Or will this be done at the Evidentiary Hearing?

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JOSEPH66


Joined: 08/16/21

Posts: 74

RE: Petitions
11/12/21 11:55 AM

so slinging mud at the wall seem like your best bet and see whats sticks...
sorry i dont have definite answers .. i hope someone will chime in

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