Friday, September 6, 2013

How to address being forcefully restrained from presenting arguments or making a record

Q: My attorney has been overseeing a custody car before Justice La Tia Martin. The judge has said, "I will not let you make a record", "Only I determine what will be included as part of the record", "If you attempt to speak on any area without my direction, I will conclude the testimony". My attorney was threatened with sanctions for presenting ex parte letters to the Court then threatened again should any more questions be asked on the topic altogether. Not sure how to move forward in a case when the judge forcefully restrains presenting evidence or even speaking on the record.

A: Your attorney should have been aware that ex parte communications are not allowed. As to what your attorney is trying to "get in the record," that depends on what stage the case is at. If the case is in the middle of a trial, then your attorney can simply note his objection if she denies admissibility of a piece of evidence. That way, the issue is preserved for appellate review.  -- David Bliven, Bronx Child Custody attorney (

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