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Re: Question for JohnT..sort of long


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Posted by bc on November 19, 2010 at 13:32:41 from (64.123.118.22):

In Reply to: Question for JohnT..sort of long posted by NCWayne on November 19, 2010 at 10:34:26:

Wayne, it is common around here for psych reports to get sent to the Court and Judge in Cinc cases and some domestic cases as well as psych, drug, and alcohol evals in criminal cases. Many times the court maintains 2 files, the public record and the non-public stuff. Sometimes mental health facilities are so used to sending reports to the courts that they do so even when they shouldn't. Particularly if they are doing it pursuant to court order.

Judges have better things to do than sit around and read the reams of paperwork that gets submitted to the court and placed in files. You are lucky if they have opened the file prior to calling your case in court much less have read anything and that includes the pleadings. It is highly unlikely it was read unless you have a non-busy family court judge and that is all he/she does. But he probably wouldn't even have it come across his desk unless it was mailed and addressed specifically to him which you could tell from the report. Then your beef is with whoever did the report.

Even if found in the court file and read, a Judge will usually say he isn't considering it until it is admitted into evidence. Same goes for hearsay evidence, once they hear it you can't unring the bell, but you trust their training to ignore it when they rule something is inadmissable due to hearsay.

Sometimes attorneys do pro bono work when they think the cause is just and don't want to see the right person get wronged because they can't afford to fight.


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