Why Aren’t Witnesses Allowed At Times

Question About Wintesses

My sister is in trial for a custody battle and the father was allowed to have witnesses but they told the mother that she couldn’t have witnesses. How is this possible or even legal? Is it possible to get a different attorney even though it’s in the middle of trial? Or have a new trial because the attorney isn’t doing his job correctly?

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Answer

The judge will ultimately need to determine what is in the child’s best interests. Witnesses usually provide important information to help the judge make this decision. However, attorneys have the job of complying with the court’s rules. The court can set deadlines for disclosure of witnesses and other information. If the witness is not listed, the court has discretion to exclude him or her. There are very short deadlines to ask for a new trial under Utah Rule of Civil Procedure 59. You have only 14 days from the order of the trial, so you need to consult with an attorney as soon as possible. Also note that your custody order should include the items listed in the link “Custody Order” below.


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Steve

Steve Christensen

Steve has over twenty-five years of experience as a trial and appellate attorney, thus making him one of the most experienced attorneys in his field in the state. As an attorney, Steve quickly identifies legal issues and focuses his presentation on the strengths of his client’s cases, therefore resulting in his great success as an attorney.

He has handled over 80 trials and other evidentiary hearings before judges. He has settled hundreds of cases before, during, and after a trial. Steve takes pride in relating to his clients while conveying their cases convincingly to juries and judges.

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