Allowed length of trial

[trialbound8]

My jurisdiction is: california

We are set for a non-jury trial in a child custody case in about 30 days in Alameda County, California. The judge never asked us for an estimated time needed to present evidence, docs, etc. The judge arbitrarily set the allowed time for the trial to 2 hours. This is not enough time for us to present evidence from 12 witnesses and 10 documents (mostly reports of child abuse), allow for cross-examination, and judges time to render a decision. We are representing ourselves.

We have been searching for the proper legal means to request an extended length of trial. We estimate that 2 days would be sufficient. We have done research at local law libraries, but cannot find the proper form to make the request. The closest ones we have found are: "A Motion for Continuance" or a "ex parte" request. Along with a declaration of the reasons we need more allowed trial time.

What is the proper way to request this?

Also, in California, can someone have another person at the table to help sort and deal with all of the paperwork for the evidence to be presented?

 

[Gail_in_Georgia]

It is really doubtful that any judge is going to allow 2 days for a child custody hearing.

Pick your best witnesses and present your case in the 2 hour limit that has been set. Before you attempt to present these large number of witnesses (which may seem to the judge to be a waste of time) please remember that you certainly don't want to waste the time of the person who will be making the decision regarding this case.

Gail

 

[rspagan]

My jurisdiction is: california

The judge arbitrarily set the allowed time for the trial to 2 hours. This is not enough time for us to present evidence from 12 witnesses and 10 documents (mostly reports of child abuse), allow for cross-examination, and judges time to render a decision.

IN stead like Gail said pick the best person to testify in court for you and instead of telling the other 11 "sorry cant use you." have them fill out sworn Affidavits telling the court what they would have said in person, and if the judge feels or your ex wants them in court to rebuttal what they stated then you get your extra time with out having to file anything.

Also, in California, can someone have another person at the table to help sort and deal with all of the paperwork for the evidence to be presented?

As far having someone at the table with you unless the judge states they are not allowed it should be just fine.

 

[jharris352]

You can have anyone at the table you want to have, but I would be careful not to appear that you are getting advice from that person.

As for the length of time for your trial you need to request it. You were there when the court planned it's calendar, why didn't you say something then? I would contact the Judge's secretary and alert the Judge that you feel that is not enough time. The Judge may either extend the time or arrange a conference call between the parties to decide how much time is needed.

Gail's comment not withstanding you have a right to be duly heard (due process). The Judge may, at his/her discretion during the trial cut one or more of you lines of questioning off because they are irrelevant but if you have legitimate witnesses your trial can go on until he/she says STOP.

 

[BayState]

My jurisdiction is: california

We are set for a non-jury trial in a child custody case in about 30 days in Alameda County, California. The judge never asked us for an estimated time needed to present evidence, docs, etc. The judge arbitrarily set the allowed time for the trial to 2 hours. This is not enough time for us to present evidence from 12 witnesses and 10 documents (mostly reports of child abuse), allow for cross-examination, and judges time to render a decision. We are representing ourselves.

We have been searching for the proper legal means to request an extended length of trial. We estimate that 2 days would be sufficient. We have done research at local law libraries, but cannot find the proper form to make the request. The closest ones we have found are: "A Motion for Continuance" or a "ex parte" request. Along with a declaration of the reasons we need more allowed trial time.

What is the proper way to request this?

Also, in California, can someone have another person at the table to help sort and deal with all of the paperwork for the evidence to be presented?

I would recommend you spend some thine in the judges court-room to see how s/he handles custody cases and to pick up some pointers on proper procedure, demeanor and appropriate questioning.

 

[jharris352]

If you are going to do it on your own, that is a FANTASTIC IDEA. Bay deserves credit for that one.

 

[LanceBabe]

I don't know about in California, but in Virginia, no one is allowed in the court room unless connected to the case (assuming this is in Family Court), so you would not be able to observe how the Judge handles other custody cases.