Thursday, February 21, 2008

What can be done, if a lawyer clearly embellishes a complaint/motion in court? -

My ex is trying to take me to court for custody, however his complaint rest in my current boyfriends criminal history. They have taken part of my boyfriends transcripts from his trial and have reworded it to make it sound like he was guilty of something he clearly did not do. What can be done?

im to tired to format it all, but check out federal rules of civil procedure, rule 11 - regarding what is signed by an attorney and sanctions for various types of frivolous statements and baseless cclaims

You should contact a lawyer, provide him/her with a true copy of the un-embellished transcript of the proceedings in question and ask if there is grounds for a Rule 11 violation.

Thats why you have redirect, so you can clarify what he did,and show the bias in the othersides claims...however most testimony in a child custody case is given a far wider allowance for hearsay than in a criminal proceeding,so they can introduce partial facts and even non-eye witness testimony.Its your sides job to try and keep the record straight. No attorney is going to suborn out and out perjury,but they are allowed to read only the parts of a transcript that they feel is relevant ,you ll have to challenge and clear the record,unless that would even make things look worse.I assume they are trying to establish that your unfit because your association with dangerous criminals makes for an unsafe enviroment for the child,the court is biased on the side of caution for the childs protection to start with so any damning past behavior on the boyfriends part makes good fodder for their side.

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