Tuesday, May 27, 2008

In a child custody case, does a lawyer get contact with judge before hearing? -

Does anyone know? We would be the ones initiating the custody case. Not sure that the other party will pursue. Does a lawyer get to choose the county court system or judge presiding? Is a lawyer allowed to have contact with the judge before a hearing? Any info greatly appreciated! Thank you!

Lawyer does not get to choose presiding court or judge. You file in the county you reside and the court decides who has jurisdiction. They may contact the judge s office over procedural issues but not on the substance of the case. Contact on substance of the case is only allowed when a representative for the other side is present.

The above answer is correct. When an attorney for one party contacts a judge and discusses a substantive issue of a case without opposing counsel present it is known as ex parte infraction and is grounds for a mistrial.

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