The court has failed to appoint an EC 730 witnessIt seems obvious to me that I should be able to have witnesses at my hearing, but Cmr. Joseph did not permit me last time.
I am not responsible for court's failure to appoint an EC 730 witness. The court appointed Ms. Lee, and she wrote a letter to the court saying that she was “unable” to do it. The court did not appoint a replacement, even after repeated motions to the court.
I have tried repeatedly to find a replacement psychologist who would be satisfactory to the court and Julie, without success. As recently as Nov. 12, 2009, I presented the court with several names of psychologists who were willing to do the evaluation as written, but Julie would not cooperate and the court refused to order it.
The court is apparently within its powers to appoint an EC 730 witness to testify at an upcoming trial. Or the court can decide not to appoint a witness to testify. But my right to a trial is in no way affected by the court’s decision whether or not to appoint its own witness.
I am willing to cooperate with any witness that the court chooses to appoint, but the court has not appointed anyone. I have done everything in my power to facilitate such an appointment, but the court has repeatedly refused to make an appointment.
Request for my own expert witnesses
I request permission for my own expert witnesses to testify in my behalf, and in rebuttal to any of Julie’s witnesses or any court-appointed witness. To allow my experts to testify fully, they need access to transcripts, reports, and child interviews.
It is arguable that my experts might need permission to see court transcripts and reports because of WIC 827 and FC 3111. I previously lost an expert witness because of WIC 827, and I would like to avoid that problem. FC 3111 becomes effective in Jan. 2010 and I don’t know how the “unwarranted disclosure” clause will be interpreted, so I would like to get permission in advance.
In case there is testimony about the feelings and wishes of the children, I would like an opportunity for my experts to interview them. Because I do not have any current access to them, I would need a court order.
Thursday, November 26, 2009
Needing witnesses for a hearing
I have filed a motion asking the court for a hearing in my case. Here is what I said about witnesses: