I heard there is a new Calif Code )as of Jan 2011) that requires the testmoney of a witness in order to get documents accepted as evidence.
My question is.....the court ordered a forensic accountant to assess the income available for support. This was in 2010. The trial is in 2 months. I desperately need that report to be received into evidence. My husband states his corp, his business and his LLC are worthless and his income is $0. The report states differently.
Both attorneys, my husband and I signed the court order that stated 'The written report and any attatchments shall be received into evidence without foundation and notwithstanding any hearsay objection unless a party files and serves written objection to the admission of experts report within 5 days after receipt of said report'
There was no objection.
Now I am told it will not be accepted into evidence unless I get the forensic accountant to testify. I cannot afford the $5000-$7000 he charges. My husband refuses to pay him.
The document was written before the new law and regardless, it stated the report would be accepted into evidence with foundation. My attorney disagrees.
Can't the judge make an acception if circumstances warrent it?
My question is.....the court ordered a forensic accountant to assess the income available for support. This was in 2010. The trial is in 2 months. I desperately need that report to be received into evidence. My husband states his corp, his business and his LLC are worthless and his income is $0. The report states differently.
Both attorneys, my husband and I signed the court order that stated 'The written report and any attatchments shall be received into evidence without foundation and notwithstanding any hearsay objection unless a party files and serves written objection to the admission of experts report within 5 days after receipt of said report'
There was no objection.
Now I am told it will not be accepted into evidence unless I get the forensic accountant to testify. I cannot afford the $5000-$7000 he charges. My husband refuses to pay him.
The document was written before the new law and regardless, it stated the report would be accepted into evidence with foundation. My attorney disagrees.
Can't the judge make an acception if circumstances warrent it?
