Is this legal in California?

Posted by Judd Robbins under Lawyers

Question by testrat@pacbell.net: Is this legal in California?
My wife is in a custody case with her ex. They have been in court for 2 years, and the ex has an attorney that pulls things that in my opinion aren’t legit. The question I have is this: yesterday the petitioning attorney (my wife is en pro per) called for the 2nd time, an “expert witness” who is an accountant. After a long day, my wife came home, and we were reviewing some pictures her child was showing us, and low and behold, the “expert witness” is the ex-husbands father-in-law, which was never disclosed. Is this even legal?????

Best answer:

Answer by sunybuni
Doesn’t sound like it would be. That would be a biased expert. Take the information to the judge.

What do you think? Answer below!

3 Responses to “Is this legal in California?”

  1. WRG Says:

    No that should have been disclosed to the court. The judge needs to be notified in writing of this information. But this is why your wife should not be in there without a lawyer. Any lawyer would have asked the question that would have brought this information to light.

  2. Sage Says:

    It is legal. It is also dishonest. There is no legal requirement that an expert witness be disinterested; nor is there a requirement that any interest of the expert be voluntarily disclosed. It is the job of the other side to bring out this information in front of the judge. If the matter is continuing, your wife should immediately note the relationship to the judge — this should be done either on the record (if there is a court reporter) or in writing. The relationship effectively destroys the credibility of the expert and should be brought to the attention of the judge. It also affects the credibility of her ex-husband’s lawyer for not disclosing that information.

  3. Michael H Says:

    Sure it’s legal, had you and your wife had an attorney, he would have looked into the background of the ‘expert witness’. and called it into question. It is not the ex’s attorney who is responsible for divulging what you don’t ask about.

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