QUESTION

Can evidence at a family child custody case still be presented at the hearing if I wasn't able to get it in before discovery ended?

Asked on Apr 13th, 2014 on Child Custody - Utah
More details to this question:
If a witness doesn't show up after being subpoenaed, what do I do?
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1 ANSWER

Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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You asked: Can evidence at a family child custody case still be presented at the hearing if I wasn't able to get it in before discovery ended? Answer: Probably not, but nothing ventured, nothing gained. It can't hurt to try and present the evidence. The worst that can happen is that the court refuses it. If a witness does not appear in response to being subpoenaed, the court should issue a warrant for the witness's arrest and you could ask (ask, not demand) that the hearing or trial be continued until the witness is located. In practice, however, a witness who doesn't show *usually*results in the hearing or trial taking place without that witness's testimony and you're out of luck.
Answered on Apr 14th, 2014 at 11:52 AM

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