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Motion To Compel Evidence
Summary
An attorney in Alabama can file a motion to compel if they believe the other party is not complying with court-ordered visitation schedules, but they must provide evidence to support their claim. If the attorney relies solely on their clients statements without verification, it may not be successful. If the Guardian ad Litem (GAL) also fails to verify information, responsibility may be shared. Complaints can be filed with the Alabama State Bar or the court. If a judge grants custody, it could render a motion to compel moot. DHR cannot change visitation locations without the judges approval.Full Conversation
The atty filed a motion to compel without evidence
To clarify, an attorney can file a motion to compel, but without evidence, it is unlikely to be successful.
Phone: (*) *-*
Address: * 2nd Ct N, Birmingham, AL *
Website: www.jeffcocourts.com
Have you received any notice of the motion to compel from the court?
Jefferson County Family Court
Phone: (*) *-*
Address: * 2nd Ct N, Birmingham, AL *
Website: www.jeffcocourts.com
Have you received any notice of the motion to compel from the court?
if the atty states he got his information for the false statements from his client, is he required to verify
In Alabama, an attorney is generally required to conduct a reasonable investigation to ensure the accuracy of the information they present to the court. They cannot solely rely on their client's statements if they are false or unsubstantiated.
- An attorney must avoid making false statements or presenting false evidence.
- They must make reasonable efforts to verify the information provided by their client.
Have you contacted the court or your attorney regarding the motion to compel?
- An attorney must avoid making false statements or presenting false evidence.
- They must make reasonable efforts to verify the information provided by their client.
Have you contacted the court or your attorney regarding the motion to compel?
what if the atty states he also verified with the GAL, but the GAL did not check either. Who is at fault?
In Alabama, if an attorney relies on information from both their client and the Guardian ad Litem (GAL) that turns out to be false, the responsibility might be shared:
- **Attorney**: Responsible for conducting a reasonable investigation and verifying information.
- **GAL**: Responsible for thoroughly checking and verifying facts.
Have you considered discussing this issue with your attorney or seeking advice from the Jefferson County Family Court?
Would you like more information on how to address this issue in court?
- **Attorney**: Responsible for conducting a reasonable investigation and verifying information.
- **GAL**: Responsible for thoroughly checking and verifying facts.
Have you considered discussing this issue with your attorney or seeking advice from the Jefferson County Family Court?
~Jefferson County Family Court
Phone: (*) *-*
Address: * 2nd Ct N, Birmingham, AL *
Website: www.jeffcocourts.com
Phone: (*) *-*
Address: * 2nd Ct N, Birmingham, AL *
Website: www.jeffcocourts.com
Would you like more information on how to address this issue in court?
IF i have evidence that the client lied and the GAL did not check can i file a complaint
In Alabama, if you have evidence that the client lied and the Guardian ad Litem (GAL) did not verify the information, you may file a complaint. Here's what you can do:
- **Attorney**: File a complaint with the Alabama State Bar.
- **GAL**: File a complaint with the court overseeing the case.
Have you discussed your evidence with your attorney?
- **Attorney**: File a complaint with the Alabama State Bar.
- **GAL**: File a complaint with the court overseeing the case.
~Jefferson County Family Court
Phone: (*) *-*
Address: * 2nd Ct N, Birmingham, AL *
Website: www.jeffcocourts.com
Phone: (*) *-*
Address: * 2nd Ct N, Birmingham, AL *
Website: www.jeffcocourts.com
Have you discussed your evidence with your attorney?
what if the GAL is an atty too
In Alabama, if the Guardian ad Litem (GAL) is also an attorney, they are still held to professional standards and responsibilities:
- **GAL**: Must act in the best interests of the child and verify information.
- **Attorney**: Must avoid presenting false evidence and conduct reasonable investigations.
Have you discussed your concerns with your attorney or considered filing a complaint?
- **GAL**: Must act in the best interests of the child and verify information.
- **Attorney**: Must avoid presenting false evidence and conduct reasonable investigations.
Have you discussed your concerns with your attorney or considered filing a complaint?
**Attorney**: Responsible for conducting a reasonable investigation and verifying information. what ala judicial code for this
The relevant Alabama judicial code for an attorney's duty to conduct a reasonable investigation and verify information is found in the Alabama Rules of Professional Conduct:
- **Rule *.* (Candor Toward the Tribunal)**: Prohibits attorneys from making false statements or presenting false evidence.
- **Rule *.* (Meritorious Claims and Contentions)**: Requires that attorneys must not bring or defend a proceeding unless there is a basis for doing so that is not frivolous.
Have you considered discussing these rules with your attorney or seeking further advice from the Alabama State Bar?
- **Rule *.* (Candor Toward the Tribunal)**: Prohibits attorneys from making false statements or presenting false evidence.
- **Rule *.* (Meritorious Claims and Contentions)**: Requires that attorneys must not bring or defend a proceeding unless there is a basis for doing so that is not frivolous.
Have you considered discussing these rules with your attorney or seeking further advice from the Alabama State Bar?
if an atty brought forth a motion to compel based on just the verbal information given by his client would that fall in this catagory
Yes, it would fall under the category of requiring a reasonable investigation. Here's a concise breakdown:
- **Rule *.* (Candor Toward the Tribunal)**: Prohibits attorneys from making false statements or presenting false evidence.
- **Rule *.* (Meritorious Claims and Contentions)**: Requires attorneys to ensure there is a non-frivolous basis for the motion.
Have you discussed these obligations with your attorney or considered filing a complaint with the Alabama State Bar?
- **Rule *.* (Candor Toward the Tribunal)**: Prohibits attorneys from making false statements or presenting false evidence.
- **Rule *.* (Meritorious Claims and Contentions)**: Requires attorneys to ensure there is a non-frivolous basis for the motion.
~Jefferson County Family Court
Phone: (*) *-*
Address: * 2nd Ct N, Birmingham, AL *
Website: www.jeffcocourts.com
Phone: (*) *-*
Address: * 2nd Ct N, Birmingham, AL *
Website: www.jeffcocourts.com
Have you discussed these obligations with your attorney or considered filing a complaint with the Alabama State Bar?
if the court order supervised visitation for one child in feb and the other child on */* can an atty file a motion to compel visitation on the other child if the order has not come in mail yet? when both children have * different case numbers?
In Alabama, an attorney can file a motion to compel visitation even if the court order has not yet been received in the mail, as long as the order exists and the attorney can reference it. The different case numbers for the children should not be a barrier.
Have you received any communication from the court regarding the status of the order?
Have you received any communication from the court regarding the status of the order?
the Judge ordered supervised vistation on */* and the letter came on */* and the motion to compel me was filed on */* before that atty client could set it up
In Alabama, if the judge ordered supervised visitation on */* and the letter was received on */*, the opposing attorney can file a motion to compel if they believe the visitation has not been set up as ordered. However, they need to demonstrate that you had a reasonable opportunity to comply.
Have you taken any steps to address this motion with the court or your attorney?
Have you taken any steps to address this motion with the court or your attorney?
But what if that atty client is the one who has to set it up first
In Alabama, if the attorney's client was responsible for setting up the supervised visitation first, the motion to compel may be premature if they haven't fulfilled their duty. It would be important to demonstrate this in your response to the motion.
Have you discussed this specific point with your attorney or filed a response to the motion?
Have you discussed this specific point with your attorney or filed a response to the motion?
If there is not enough evidence to prove what they said would the judge render the motion to complet moot?
In Alabama, if there is insufficient evidence to support the claims in a motion to compel, the judge may deny the motion.
Have you considered presenting your evidence to the court or discussing potential responses with your attorney?
Have you considered presenting your evidence to the court or discussing potential responses with your attorney?
The judge rendered the motion to compel moot. What does that mean?
When a judge renders a motion to compel moot, it means the judge has determined that the motion is no longer relevant or necessary to decide. This can happen if the issue has already been resolved or if the motion is no longer applicable due to a change in circumstances.
Have you taken any steps to address the underlying issues that led to the motion?
Have you taken any steps to address the underlying issues that led to the motion?
If the judge granted me legal custody would that make it moot
If the judge granted you legal custody, it could potentially make the motion to compel moot, as the circumstances have changed significantly.
Have you discussed the impact of the legal custody order with your attorney or considered how it affects the visitation schedule?
Have you discussed the impact of the legal custody order with your attorney or considered how it affects the visitation schedule?
can an opposing atty poke fun and lie to me about why my atty withdrew and then i find out later in court that what the atty told me was a lie
In Alabama, attorneys are bound by professional conduct rules and ethical standards. An opposing attorney should not lie or make fun of you. If they do, you might consider these steps:
- **Report Misconduct**: File a complaint with the Alabama State Bar.
- **Document Incidents**: Keep records of any inappropriate behavior.
Have you considered discussing this issue with your new attorney?
- **Report Misconduct**: File a complaint with the Alabama State Bar.
- **Document Incidents**: Keep records of any inappropriate behavior.
~Alabama State Bar~
Phone: (*) *-*
Website: www.alabar.org
Phone: (*) *-*
Website: www.alabar.org
Have you considered discussing this issue with your new attorney?
if an atty cross examines a person and the person is telling the truth and the atty on present partial evidence to discredit the witness on the stand and motion the judge to discredit the witness credibility and the Judge sustain that motion and when the judge review all evidence. The judge comes back * weeks later with a decision and mentions in the order that the witness was telling the truth. Can that atty be held accountable for that action and what that action is called in alabama
In Alabama, an attorney can be held accountable for presenting partial evidence to discredit a witness if it is proven that the attorney knowingly misrepresented facts or discredited the witness improperly. This action could be a violation of:
- **Rule *.* (Candor Toward the Tribunal)**: Prohibits making false statements or presenting misleading evidence.
- **Rule *.* (Misconduct)**: Prohibits engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
Have you considered discussing this issue with your attorney or filing a complaint with the Alabama State Bar?
- **Rule *.* (Candor Toward the Tribunal)**: Prohibits making false statements or presenting misleading evidence.
- **Rule *.* (Misconduct)**: Prohibits engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
Have you considered discussing this issue with your attorney or filing a complaint with the Alabama State Bar?
~Alabama State Bar~
Phone: (*) *-*
Website: [www.alabar.org](http://www.alabar.org)
Phone: (*) *-*
Website: [www.alabar.org](http://www.alabar.org)
if this evidence was already recorded on file with the court and this atty got the evidence from the courts files to use against the witness
In Alabama, if an attorney uses evidence already on file with the court to discredit a witness, the key considerations are:
- **Rule *.* (Candor Toward the Tribunal)**: The attorney must not misrepresent the evidence.
- **Rule *.* (Misconduct)**: The attorney must avoid dishonest or deceitful conduct.
Did the attorney use the evidence accurately or was there any misrepresentation?
- **Rule *.* (Candor Toward the Tribunal)**: The attorney must not misrepresent the evidence.
- **Rule *.* (Misconduct)**: The attorney must avoid dishonest or deceitful conduct.
Did the attorney use the evidence accurately or was there any misrepresentation?
Here is the scenario: When i filed for custody of a child who has been in my life since birth. On the filings i wrote that i was non biological Grandmother, and on the remaining page i wrote Grandmother duties that i have done for the child since birth. During cross examination; the opposing counsel asked me on stand, when I filed for this child didn't i put only Grandmother. I stated no, i put in parenthesis non-biological grandmother and wrote grandmother duties. The opposing counsel pulled out only one page of the filing that showed where i wrote grandmother and asked me to repeat what that say. I said it grandmother. He then motion the judge to discredit me as a non reliable witness. The judge agreed in court with opposing atty. But after court the judge said he wants to review all evidence before making a decision and * weeks later when the judge issued his order. He wrote in his order that i did put in my filing for that child non-biological Grandma. Is the opposing counsel wrong for that? and if so, what did the atty violate in alabama?
In Alabama, if the opposing counsel knowingly presented only partial evidence to discredit you and the complete evidence proved otherwise, this could be a violation of professional conduct rules:
- **Rule *.* (Candor Toward the Tribunal)**: Prohibits making false statements or presenting misleading evidence.
- **Rule *.* (Misconduct)**: Prohibits engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
Have you considered filing a complaint with the Alabama State Bar regarding this issue?
- **Rule *.* (Candor Toward the Tribunal)**: Prohibits making false statements or presenting misleading evidence.
- **Rule *.* (Misconduct)**: Prohibits engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
Have you considered filing a complaint with the Alabama State Bar regarding this issue?
what is the reason a judge would rule a motion moot in a custody case
In a custody case, a judge might rule a motion moot for several reasons:
- **Issue Resolved**: The underlying issue of the motion has already been resolved.
- **Changed Circumstances**: Circumstances have changed significantly, making the motion irrelevant.
- **Redundancy**: The motion is no longer necessary because of new court orders or decisions.
Have you considered discussing the judge's ruling with your attorney to understand its impact on your case?
- **Issue Resolved**: The underlying issue of the motion has already been resolved.
- **Changed Circumstances**: Circumstances have changed significantly, making the motion irrelevant.
- **Redundancy**: The motion is no longer necessary because of new court orders or decisions.
Have you considered discussing the judge's ruling with your attorney to understand its impact on your case?
if judge grants custody, would that make a motion to compel visitation moot
Yes, if the judge grants custody, it could make a motion to compel visitation moot, as the custody order would change the legal framework for visitation.
Have you reviewed the custody order with your attorney to understand its implications?
Have you reviewed the custody order with your attorney to understand its implications?
if a judge makes and order for supervised visitation at a facility. Can DHR go outside the judge order an change the location without the judge signing off on it?
In Alabama, the Department of Human Resources (DHR) cannot change the location of supervised visitation ordered by a judge without obtaining the judge's approval. The court order must be followed as written unless a modification is granted by the judge.
Have you discussed this issue with your attorney or considered filing a motion to clarify or enforce the visitation order?
Have you discussed this issue with your attorney or considered filing a motion to clarify or enforce the visitation order?
what does this say about our justice system when an atty does this: - **Rule *.* (Candor Toward the Tribunal)**: Prohibits making false statements or presenting misleading evidence.
- **Rule *.* (Misconduct)**: Prohibits engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
When an attorney violates Rule *.* (Candor Toward the Tribunal) and Rule *.* (Misconduct), it undermines the integrity and fairness of the justice system. It indicates a breach of ethical and professional standards, which can erode trust in legal processes.
Have you considered filing a formal complaint with the Alabama State Bar regarding these violations?
Have you considered filing a formal complaint with the Alabama State Bar regarding these violations?
give me more
Certainly! Here are more details on the rules and possible actions you can take when an attorney violates ethical standards:
- Rule *.* (Candor Toward the Tribunal):
- Prohibits attorneys from making false statements or presenting false evidence.
- Requires attorneys to correct false statements of material fact or law previously made to the tribunal by the lawyer.
- Rule *.* (Misconduct):
- Prohibits conduct involving dishonesty, fraud, deceit, or misrepresentation.
- Prohibits conduct that is prejudicial to the administration of justice.
Have you thought about gathering all the relevant documents and evidence before filing a formal complaint?
- Rule *.* (Candor Toward the Tribunal):
- Prohibits attorneys from making false statements or presenting false evidence.
- Requires attorneys to correct false statements of material fact or law previously made to the tribunal by the lawyer.
- Rule *.* (Misconduct):
- Prohibits conduct involving dishonesty, fraud, deceit, or misrepresentation.
- Prohibits conduct that is prejudicial to the administration of justice.
~Alabama State Bar~
Phone: (*) *-*
Website: www.alabar.org
Phone: (*) *-*
Website: www.alabar.org
Have you thought about gathering all the relevant documents and evidence before filing a formal complaint?
what else does this cause in the legal system? When an attorney violates Rule *.* (Candor Toward the Tribunal) and Rule *.* (Misconduct), it undermines the integrity and fairness of the justice system. It indicates a breach of ethical and professional standards, which can erode trust in legal processes.
Have you considered filing a formal complaint with the Alabama State Bar regarding these violations
Violations of Rule *.* and Rule *.* by attorneys can cause multiple issues in the legal system:
- Erosion of Trust: Reduces public confidence in the justice system.
- Unfair Outcomes: Leads to unjust rulings based on false or misleading information.
- Professional Consequences: Results in disciplinary actions against attorneys, affecting their careers.
Have you considered discussing this with your attorney or preparing to file a formal complaint?
- Erosion of Trust: Reduces public confidence in the justice system.
- Unfair Outcomes: Leads to unjust rulings based on false or misleading information.
- Professional Consequences: Results in disciplinary actions against attorneys, affecting their careers.
~Alabama State Bar~
Phone: (*) *-*
Website: www.alabar.org
Phone: (*) *-*
Website: www.alabar.org
Have you considered discussing this with your attorney or preparing to file a formal complaint?
the best interest for children should start with honesty and what else by all attorneys involved in case
You're absolutely right that honesty is crucial. In addition to honesty, attorneys should prioritize:
- Transparency: Ensuring all parties understand the legal process and decisions.
- Diligence: Thoroughly investigating and preparing for the case.
- Advocacy: Representing the child's best interests passionately and effectively.
Have you seen any other concerning behaviors from the attorneys involved that you want to discuss?
- Transparency: Ensuring all parties understand the legal process and decisions.
- Diligence: Thoroughly investigating and preparing for the case.
- Advocacy: Representing the child's best interests passionately and effectively.
Have you seen any other concerning behaviors from the attorneys involved that you want to discuss?
does this apply to both parties counsel in a child custody case in alabama?
- Diligence: Thoroughly investigating and preparing for the case.
Yes, diligence applies to both parties' counsel in a child custody case in Alabama. Both attorneys must:
- Investigate thoroughly: Gather all relevant facts and evidence.
- Prepare adequately: Ensure they are ready for court proceedings.
- Act ethically: Follow professional conduct rules.
Have you noticed any specific instances where diligence was lacking?
- Investigate thoroughly: Gather all relevant facts and evidence.
- Prepare adequately: Ensure they are ready for court proceedings.
- Act ethically: Follow professional conduct rules.
Have you noticed any specific instances where diligence was lacking?
is there a alabama code for this
Yes, the relevant Alabama code for diligence and thorough preparation by attorneys can be found in the Alabama Rules of Professional Conduct:
- Rule *.* (Competence): Requires attorneys to provide competent representation, including thorough preparation.
- Rule *.* (Diligence): Mandates attorneys to act with reasonable diligence and promptness in representing a client.
Have you considered discussing any observed lack of diligence with your attorney or filing a complaint with the Alabama State Bar?
- Rule *.* (Competence): Requires attorneys to provide competent representation, including thorough preparation.
- Rule *.* (Diligence): Mandates attorneys to act with reasonable diligence and promptness in representing a client.
Have you considered discussing any observed lack of diligence with your attorney or filing a complaint with the Alabama State Bar?
is there a code on alabama that states atty investigating thoroughly
Yes, in Alabama, the requirement for an attorney to investigate thoroughly is covered under the Alabama Rules of Professional Conduct:
- Rule *.* (Competence): Requires attorneys to provide competent representation, including thorough preparation.
- Rule *.* (Diligence): Mandates attorneys to act with reasonable diligence and promptness in representing a client.
Have you considered discussing any concerns about thorough investigation with your attorney or filing a complaint with the Alabama State Bar?
- Rule *.* (Competence): Requires attorneys to provide competent representation, including thorough preparation.
- Rule *.* (Diligence): Mandates attorneys to act with reasonable diligence and promptness in representing a client.
Have you considered discussing any concerns about thorough investigation with your attorney or filing a complaint with the Alabama State Bar?
in alabama if a client gives attorney false information, are they required to have evidence before filing a motion, if the client was not truthful? If it pertains to a case regarding custody
In Alabama, an attorney is required to ensure the accuracy of the information they present to the court, even if it comes from their client. Here are the relevant rules:
- Rule *.* (Candor Toward the Tribunal): Prohibits attorneys from making false statements or presenting false evidence.
- Rule *.* (Meritorious Claims and Contentions): Requires attorneys to ensure there is a non-frivolous basis for legal actions.
Have you considered discussing the accuracy of the information with your attorney or seeking further advice on how to proceed?
- Rule *.* (Candor Toward the Tribunal): Prohibits attorneys from making false statements or presenting false evidence.
- Rule *.* (Meritorious Claims and Contentions): Requires attorneys to ensure there is a non-frivolous basis for legal actions.
~Alabama State Bar~
Phone: (*) *-*
Website: www.alabar.org
Phone: (*) *-*
Website: www.alabar.org
Have you considered discussing the accuracy of the information with your attorney or seeking further advice on how to proceed?
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