How to Present Evidence in Court as Pro Se??

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Latest post 02-29-2008 4:49 PM by JoBraver. 7 replies.
  • 02-28-2008 3:42 PM

    Question [=?] How to Present Evidence in Court as Pro Se??

    My husband is taking his ex to court in a few mos to have the Judge review his petition for shared transportation.
    Last time, the Judge nearly agreed, as my husband was doing 100% of the transportation for several years. His ex merely said, 'But he's always late' & that was that. The Judge said that it would be reviewed in a few mos again & that until then, father would continue with 100% transportation for his visits, every other weekend. He had proof that she was indeed in our area on numerous occasions, etc but the Judge wasn't interested in his findings.

    Now, when he goes back to court, how can get get the Judge to FINALLY review his proof. Photos of her vehicle & license plate (proof of her capability to share in transportation), camera phone photos of pick ups & drop offs (showing front door & file info which shows date & time), as well as receipts (showing date & time) at various corner stores near her home to prove punctual drop-offs/pick-ups.
    And will I as his wife be a accepted as an eye-witness to his punctuality or will I be considered as biased?

    Does he send all this evidence (less our camera phone) along with his initial petition for review? Or does he just merely list the evidence he is prepared to show the Judge the day of his hearing?

    Thank you in advance to whomever can help!!

    We will be going to Phila Family Court if that makes any difference.
  • 02-28-2008 7:04 PM In reply to

    re: How to Present Evidence in Court as Pro Se??

    Not following; father ( NCP?) does all pick up and drop offs ( how far away); Mom said dad is always late ( for pick up and drop offs ) so judge said father continue to do transportation and will review ( nothing else said). So what are you looking to provide proof of? If the only issue is dad being late- that's the only issue.

    Are you supposed to do a pretrial memo? If so, you don't send evidence, you list witnesses, attach documents proposed to be used as evidence. I don't know what a "inital petition for review" is.
  • 02-28-2008 7:38 PM In reply to

    Question [=?] re: How to Present Evidence in Court as Pro Se??

    You've got the story straight, yes.

    The only thing preventing the Judge from ordering mother to share in transportation is the claim that the father (NCP) is always late.

    A pretrial memo? Not sure what you mean. But he will file a Petition to Modify Custody Order. There is a section of this form where a brief statement of petition gets filled in.

    The evidence we're wanting the Judge to review are the receipts I mentioned & somehow to submit those camera phone photos. So perhaps just a list of evidence in the petition?
  • 02-28-2008 8:56 PM In reply to

    re: How to Present Evidence in Court as Pro Se??

    I'm not clear on why your husband would need photos of her car or license plate. I mean, unless and until she alleges that she has no transportation, that is.

    There'd be no need for you to say anything in court if husband has evidence that he's been punctual, but we can't know whether a judge would allow you to speak. Obviously, the judge would keep in mind that you might not be telling the truth.
  • 02-28-2008 10:01 PM In reply to

    • Drew
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
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    re: How to Present Evidence in Court as Pro Se??

    Its not clear "why" hubby was providing the transportation for several years--wa it part of order, did it just happen that way--have facts changed

    In short hubby needs to focus on why he should not be proving more than say 1/2 and why EX needs to provide 1/2 or something that makes the point--othr than not being late---or that EX can drive and has a car. (But to she she has a car and is in area sure may help him make thepoint of her being equally capable .

  • 02-29-2008 3:48 AM In reply to

    re: How to Present Evidence in Court as Pro Se??

    I thought you had the same judge scheduling a hearing after his initial ruling.

    If you are just filing a Petition to Modify- all you put in the Petition is that you are requesting shared transportation- that's it.

    When you have your hearing before a master, you present your evidence; unless the current custodyy order states something about dad being late as the reason , you could present all arguments for why it is reasonable for transportation to be shaed. Unless mom is saying she cannot physically transport ( no car, doesn't drive)- not sure why would be an issue.
  • 02-29-2008 3:45 PM In reply to

    More [=+=] re: How to Present Evidence in Court as Pro Se??

    Thank you to all.
    Husband is 100% responsible for transportation b/c EX lied & said he's ALWAYS late, causes problems at pick-ups,, etc. So one Judge ordered it that way, then 2nd Judge, after his petition to modify, said same but to review again in several mos.
    So now that sev mos has come & gone, he needs to be able to convince Judge that he is indeed punctual....
  • 02-29-2008 4:49 PM In reply to

    re: How to Present Evidence in Court as Pro Se??

    If she makes the same complaints and it doesn't look like it's going your way, suggest that drop off and pick up be at the police station; that way if any problems or late either can do a police report.
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