
Originally Posted by
shonyevone
Hi everyone, Wanted to let all know that I was able to get the exparte on the prevented orders requested. We went to mediation on July 7, 2009. I was not happy with the mediator. There seem to be a real bonding between her and my sons mother due to the fact the mediator was also a single mother. They kept getting off track talking about the mediators child and I had to keep bringing them back and getting them refocused on the fact that the mediation was for our child and his best interest. There was no agreement reached. Since mediation I have discovered that both the mediator and my self was lied too during mediation. I now would like to introduce some additional paper to the judge prior to the hearing of July 20, 2009. I am not sure how to go about this. Paper such as letter from his step sister, papers from his school cume. file on his history of grades and study habits, pitures. I don't know if I must put the paper with a a special form or a declaration and which form to use with it. Or do I just take them to the court with lables of the court case #on them and file them and server the other party. Must I server the other party and what is the time frame I have to do this. Thanks to all that can help me and a real big thanks to Cadillac 59 would gave me great information about the exparte process. It was a big help and the Judge signed the order without even speaking with any of the parties. So thanks so much. Waiting to here from any one who can help with this information
Shonyevone
If you want to file something for the judge to read you need to attach it as an exhibit to a declaration, serve a copy on the other side, and file it with a proof of service with it. You don't want to file it alone because no one is going to know what it is suppose to mean or why you are filing it. The declaration you file should explain what it is you think the document means and why it is relevant to your case.
This can vary a bit by local rule, but in my county declarations must be based upon personal knowledge and be under penalty of perjury to be admissible at a hearing. In other words, no hearsay in a declaration (the declaration itself is hearsay but the court makes a special exception for that under local rule). The point is, a letter from someone that you attach to your declaration, for instance, is hearsay and could be excluded and not considered if the other side objects. A photo, if relevant to something, is okay if you authenticate it in a declaration.
Some family courts are fairly loose about accepting otherwise inadmissible documents so it probably wouldn't hurt to file whatever it is you want as an exhibit to your declaration and see what happens.