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Question regarding rules in court for Evidentiary Hearings
Dont look for special rules for every situation. Evidentiary hearings are mini trials and you have to treat them like trials, so prepare three evidence books and introduce your evidence.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Sep 29, 2014, at 10:47 PM, Michael Avanesian michael@avanesianlaw.com [cdcbaa] wrote:
>
> I don't think of it that way (and I am just waiting for someone to correct me) but I think they are both trials. An evidentiary hearing is a trial and an adversary proceeding is a trial. So apply all the rules you saw.
>
> Sincerely,
> Michael Avanesian
>
>> On Mon, Sep 29, 2014 at 7:53 PM, Tuan Le tuanl@stevelopezlaw.com [cdcbaa] wrote:
>>
>> Mike,
>>
>>
>>
>> Thanks for info. Its an evidentiary hearing with live testimony, but not a trial. I did try the courtroom deputy but wasnt able to get clear instructions and maybe Im misreading the LBR but I do not see any rules regarding contested matters with live testimony. The only rules available is for trial.
>>
>>
>>
>> Regards,
>>
>>
>>
>> Tuan Le
>>
>>
>>
>> Tuan Le, Esq.
>>
>> Law Offices of Steve Lopez
>>
>> 8562 Florence Avenue, Suite A
>>
>> Downey, California 90240
>>
>> Main: (562)904-1193
>>
>> Fax: (562)262-2846
>>
>>
>>
>> DISCLAIMER: This e-mail may contain confidential information and may also be legally privileged. If you are not an intended recipient, as indicated above, please notify us immediately. In such event, you should not copy or use this e-mail for any purpose nor disclose its contents to anyone. Enclosed information and attachments remain the property of the LAW OFFICE OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither information in this message that do not relate to the official business of the LAW OFFICE OF STEVE LOPEZ should be understood as my personal responsibility, and as neither given nor endorsed by the LAW OFFICE OF STEVE LOPEZ.
>>
>>
>>
>> Sent: Monday, September 29, 2014 4:18 PM
>> To: cdcbaa@yahoogroups.com
>> Subject: Re: [cdcbaa] Question regarding rules in court for Evidentiary Hearings
>>
>>
>>
>>
>>
>> I am not qualified to answer this question but I'll give my 2 cents anyway.
>>
>>
>>
>> I would first check local local rules for trial procedures. If you don't find anything, call the courtroom deputy. She can provide you with tabs etc. as well. If there aren't too many clear guidelines, then I think you should prepare 5 exhibit folders, properly tabbed with a table of contents. One for you, one for opposing counsel, one for the witness, one for the judge, and one for the deputy. Be prepared to lay the foundation, authenticate, and to ask the court to admit the evidence into the record. Do you know if the judge wants live testimony or trial by declaration? Joint trial exhibits and witness list?
>>
>>
>>
>> If your question was something more simple, like "I assume that I should follow the rules on trials for exhibits to be used at the hearing but am unsure if that is completely accurate." Then yes, you should follow those rules.
>>
>>
>> Sincerely,
>>
>> Michael Avanesian
>>
>>
>>
>> On Mon, Sep 29, 2014 at 1:36 PM, Christine Wilton attorneychristine@gmail.com [cdcbaa] wrote:
>>
>>
>>
>> Tabs on the exhibits. This is in the Court Manual, not local rules.
>>
>>
>>
>>
>> Christine A. Wilton, Esq. >> Law Office of Christine A. Wilton >>
>> 5011 Argosy Avenue, Suite 3
>>
>> Huntington Beach, CA 92649
>>
>> Office: 714-533-9210
>> Fax: 714-489-8150
>> Email: attorneychristine@gmail.com
>> Blog: www.losangelesbankruptcylawmonitor.com
>> ************************************************************
>> Confidentiality and Privilege. This e-mail message, including attachments, is intended solely for review by the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. Review by anyone other than the intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this communication. If you are not the intended recipient, please contact the sender by return e-mail and destroy all copies of the original message.
>> Tax Advice Disclosure. Any tax information or written tax advice contained in this email message, including attachments, is not intended to and cannot be used by any taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. (The foregoing legend has been affixed pursuant to U.S. Treasury Regulations governing tax practice.)
>>
>>
>>
>> On Mon, Sep 29, 2014 at 12:02 PM, tuanl@stevelopezlaw.com [cdcbaa] wrote:
>>
>>
>>
>> Dear Listmates,
>>
>>
>>
>> I am preparing a brief for an evidentiary hearing in Santa Ana. I have looked at the Local Court Rules and FRBP and could not find rules regarding how to submit exhibits to be used at the evidentiary hearing by my witnesses. I will be attaching my exhibits in support of the brief to the brief itself. I assume that I should follow the rules on trials for exhibits to be used at the hearing but am unsure if that is completely accurate.
>>
>>
>>
>> Thanks in advance for the help.
>>
>>
>>
>> Tuan Le, Esq.
>>
>> Law Offices of Steve Lopez
>>
>> 8562 Florence Avenue, Suite A
>>
>> Downey, California 90240
>>
>> Main: (562)904-1193
>>
>> Fax: (562)262-2846
>>
>>
>>
>> DISCLAIMER: This e-mail may contain confidential information and may also be legally privileged. If you are not an intended recipient, as indicated above, please notify us immediately. In such event, you should not copy or use this e-mail for any purpose nor disclose its contents to anyone. Enclosed information and attachments remain the property of THE LAW OFFICES OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither information in this message that do not relate to the official business of THE LAW OFFICES OF STEVE LOPEZ should be understood as my personal responsibility, and as neither given nor endorsed by THE LAW OFFICES OF STEVE LOPEZ.
>>
>
>
The post was migrated from Yahoo.
Check out Judge Kwan's Instruction under Trial Procedures covers Evidentiary Hearings.
Catherine Christiansen
Certified Specialist, Bankruptcy Law, The State Bar of California Board of Legal Specialization.
The post was migrated from Yahoo.
I don't think of it that way (and I am just waiting for someone to correct
me) but I think they are both trials. An evidentiary hearing is a trial and
an adversary proceeding is a trial. So apply all the rules you saw.
Sincerely,
Michael Avanesian
On Mon, Sep 29, 2014 at 7:53 PM, Tuan Le tuanl@stevelopezlaw.com [cdcbaa] wrote:
>
>
> Mike,
>
>
>
> Thanks for info. Its an evidentiary hearing with live testimony, but not
> a trial. I did try the courtroom deputy but wasnt able to get clear
> instructions and maybe Im misreading the LBR but I do not see any rules
> regarding contested matters with live testimony. The only rules available
> is for trial.
>
>
>
> Regards,
>
>
>
> Tuan Le
>
>
>
> Tuan Le, Esq.
>
> Law Offices of Steve Lopez
>
> 8562 Florence Avenue, Suite A
>
> Downey, California 90240
>
> Main: (562)904-1193
>
> Fax: (562)262-2846
>
>
>
> DISCLAIMER: This e-mail may contain confidential information and may also
> be legally privileged. If you are not an intended recipient, as indicated
> above, please notify us immediately. In such event, you should not copy or
> use this e-mail for any purpose nor disclose its contents to anyone.
> Enclosed information and attachments remain the property of the LAW OFFICE
> OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither information
> in this message that do not relate to the official business of the LAW
> OFFICE OF STEVE LOPEZ should be understood as my personal responsibility,
> and as neither given nor endorsed by the LAW OFFICE OF STEVE LOPEZ.
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Monday, September 29, 2014 4:18 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Question regarding rules in court for Evidentiary
> Hearings
>
>
>
>
>
> I am not qualified to answer this question but I'll give my 2 cents
> anyway.
>
>
>
> I would first check local local rules for trial procedures. If you don't
> find anything, call the courtroom deputy. She can provide you with tabs
> etc. as well. If there aren't too many clear guidelines, then I think you
> should prepare 5 exhibit folders, properly tabbed with a table of contents.
> One for you, one for opposing counsel, one for the witness, one for the
> judge, and one for the deputy. Be prepared to lay the foundation,
> authenticate, and to ask the court to admit the evidence into the record.
> Do you know if the judge wants live testimony or trial by declaration?
> Joint trial exhibits and witness list?
>
>
>
> If your question was something more simple, like "I assume that I should
> follow the rules on trials for exhibits to be used at the hearing but am
> unsure if that is completely accurate." Then yes, you should follow those
> rules.
>
>
> Sincerely,
>
> Michael Avanesian
>
>
>
> On Mon, Sep 29, 2014 at 1:36 PM, Christine Wilton
> attorneychristine@gmail.com [cdcbaa] wrote:
>
>
>
> Tabs on the exhibits. This is in the Court Manual, not local rules.
>
>
> Christine A. Wilton,
> Esq.
>
> Law Office of Christine A.
> Wilton
>
> 5011 Argosy Avenue, Suite 3
>
> Huntington Beach, CA 92649
>
> Office: 714-533-9210
> Fax: 714-489-8150
> Email: attorneychristine@gmail.com
> Blog: www.losangelesbankruptcylawmonitor.com
> ************************************************************
> Confidentiality and Privilege. This e-mail message, including
> attachments, is intended solely for review by the intended recipient(s) and
> may contain confidential and privileged information. Any unauthorized
> review, use, disclosure, or distribution is prohibited. Review by anyone
> other than the intended recipient(s) shall not constitute a waiver of any
> ATTORNEY-CLIENT PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may
> apply to this communication. If you are not the intended recipient, please
> contact the sender by return e-mail and destroy all copies of the original
> message.
> Tax Advice Disclosure. Any tax information or written tax advice
> contained in this email message, including attachments, is not intended to
> and cannot be used by any taxpayer for the purpose of avoiding tax
> penalties that may be imposed on the taxpayer. (The foregoing legend has
> been affixed pursuant to U.S. Treasury Regulations governing tax practice.)
>
>
>
> On Mon, Sep 29, 2014 at 12:02 PM, tuanl@stevelopezlaw.com [cdcbaa] cdcbaa@yahoogroups.com> wrote:
>
>
>
> Dear Listmates,
>
>
>
> I am preparing a brief for an evidentiary hearing in Santa Ana. I have
> looked at the Local Court Rules and FRBP and could not find rules regarding
> how to submit exhibits to be used at the evidentiary hearing by my
> witnesses. I will be attaching my exhibits in support of the brief to the
> brief itself. I assume that I should follow the rules on trials for
> exhibits to be used at the hearing but am unsure if that is completely
> accurate.
>
>
>
> Thanks in advance for the help.
>
>
>
> Tuan Le, Esq.
>
> Law Offices of Steve Lopez
>
> 8562 Florence Avenue, Suite A
>
> Downey, California 90240
>
> Main: (562)904-1193
>
> Fax: (562)262-2846
>
>
>
> DISCLAIMER: This e-mail may contain confidential information and may also
> be legally privileged. If you are not an intended recipient, as indicated
> above, please notify us immediately. In such event, you should not copy or
> use this e-mail for any purpose nor disclose its contents to anyone.
> Enclosed information and attachments remain the property of THE LAW OFFICES
> OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither information
> in this message that do not relate to the official business of THE LAW
> OFFICES OF STEVE LOPEZ should be understood as my personal responsibility,
> and as neither given nor endorsed by THE LAW OFFICES OF STEVE LOPEZ.
>
>
>
>
>
>
>
>
>
I don't think of it that way (and I am just waiting for someone to correct me) but I think they are both trials. An evidentiary hearing is a trial and an adversary proceeding is a trial. So apply all the rules you saw.Sincerely, Michael AvanesianOn Mon, Sep 29, 2014 at 7:53 PM, Tuan Le tuanl@stevelopezlaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
The post was migrated from Yahoo.
I am not qualified to answer this question but I'll give my 2 cents anyway.
I would first check local local rules for trial procedures. If you don't
find anything, call the courtroom deputy. She can provide you with tabs
etc. as well. If there aren't too many clear guidelines, then I think you
should prepare 5 exhibit folders, properly tabbed with a table of contents.
One for you, one for opposing counsel, one for the witness, one for the
judge, and one for the deputy. Be prepared to lay the foundation,
authenticate, and to ask the court to admit the evidence into the record.
Do you know if the judge wants live testimony or trial by declaration?
Joint trial exhibits and witness list?
If your question was something more simple, like "I assume that I should
follow the rules on trials for exhibits to be used at the hearing but am
unsure if that is completely accurate." Then yes, you should follow those
rules.
Sincerely,
Michael Avanesian
On Mon, Sep 29, 2014 at 1:36 PM, Christine Wilton
attorneychristine@gmail.com [cdcbaa] wrote:
>
>
> Tabs on the exhibits. This is in the Court Manual, not local rules.
>
>
>
> Christine A. Wilton,
> Esq.
>
> Law Office of Christine A.
> Wilton
> 5011 Argosy Avenue, Suite 3
> Huntington Beach, CA 92649
> Office: 714-533-9210
> Fax: 714-489-8150
> Email: attorneychristine@gmail.com
> Blog: www.losangelesbankruptcylawmonitor.com
> ************************************************************
> Confidentiality and Privilege. This e-mail message, including
> attachments, is intended solely for review by the intended recipient(s) and
> may contain confidential and privileged information. Any unauthorized
> review, use, disclosure, or distribution is prohibited. Review by anyone
> other than the intended recipient(s) shall not constitute a waiver of any
> ATTORNEY-CLIENT PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may
> apply to this communication. If you are not the intended recipient, please
> contact the sender by return e-mail and destroy all copies of the original
> message.
> Tax Advice Disclosure. Any tax information or written tax advice
> contained in this email message, including attachments, is not intended to
> and cannot be used by any taxpayer for the purpose of avoiding tax
> penalties that may be imposed on the taxpayer. (The foregoing legend has
> been affixed pursuant to U.S. Treasury Regulations governing tax practice.)
>
> On Mon, Sep 29, 2014 at 12:02 PM, tuanl@stevelopezlaw.com [cdcbaa] cdcbaa@yahoogroups.com> wrote:
>
>>
>>
>> Dear Listmates,
>>
>>
>> I am preparing a brief for an evidentiary hearing in Santa Ana. I have
>> looked at the Local Court Rules and FRBP and could not find rules regarding
>> how to submit exhibits to be used at the evidentiary hearing by my
>> witnesses. I will be attaching my exhibits in support of the brief to
>> the brief itself. I assume that I should follow the rules on trials for
>> exhibits to be used at the hearing but am unsure if that is completely
>> accurate.
>>
>>
>> Thanks in advance for the help.
>>
>>
>> Tuan Le, Esq.
>>
>> Law Offices of Steve Lopez
>>
>> 8562 Florence Avenue, Suite A
>>
>> Downey, California 90240
>>
>> Main: (562)904-1193
>>
>> Fax: (562)262-2846
>>
>>
>> DISCLAIMER: This e-mail may contain confidential information and may also
>> be legally privileged. If you are not an intended recipient, as indicated
>> above, please notify us immediately. In such event, you should not copy or
>> use this e-mail for any purpose nor disclose its contents to anyone.
>> Enclosed information and attachments remain the property of THE LAW OFFICES
>> OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither information
>> in this message that do not relate to the official business of THE LAW
>> OFFICES OF STEVE LOPEZ should be understood as my personal responsibility,
>> and as neither given nor endorsed by THE LAW OFFICES OF STEVE LOPEZ.
>>
>>
>>
>
>
I am not qualified to answer this question but I'll give my 2 cents anyway.I would first check local local rules for trial procedures. If you don't find anything, call the courtroom deputy. She can provide you with tabs etc. as well. If there aren't too many clear guidelines, then I think you should prepare 5 exhibit folders, properly tabbed with a table of contents. One for you, one for opposing counsel, one for the witness, one for the judge, and one for the deputy.Be prepared to lay the foundation, authenticate, and to ask the court to admit the evidence into the record. Do you know if the judge wants live testimony or trial by declaration? Joint trial exhibits and witness list?If your question was something more simple, like "I assume that I should follow the rules on trials for exhibits to be used at the hearing but am unsure if that is completely accurate." Then yes, you should follow those rules.Sincerely, Michael Avanesian
The post was migrated from Yahoo.
Tabs on the exhibits. This is in the Court Manual, not local rules.
Christine A. Wilton,
Esq.
Law Office of Christine A.
Wilton
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210
Fax: 714-489-8150
Email: attorneychristine@gmail.com
Blog: www.losangelesbankruptcylawmonitor.com
The post was migrated from Yahoo.