Morganton, NC asked in Family Law, Divorce and Child Custody for Florida

Q: Please explain Standing Family Law PRETRIAL STATEMENT 15.2... It contradicts itself..

It says:

"Exhibits should not be filed with the court, however, must be delivered to the opposing party at the time of delivery of the Pretrial Statement."

But you're supposed to attach to the Pretrial Statement:

4. "Copies of all photographs, exhibits and documentary evidence which the party proposes to use at trial."

Isn't that filing your exhibits to the court? Or do I omit 4. from my Pretrial Statement when I file and give it to the opposing party?

It also says:

"The primary purpose of the Pretrial Statement is to provide the court with information for the consideration of a Final Judgement. ... The purpose of the Pretrial Statement is not to present argument."

So, do I present argument to the court for the consideration of a Final Judgement, or not?

I feel like there is something I'm not understanding.

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: Yes, you are right: the standing order seems to contradict itself. I think what it means is that you don't attach THE ORIGINALS, but you should attach copies (to the one you file, as well as to the copy of the pretrial statement you give to the other party).

Written "argument" is different than the specific information required in your pretrial statement. It would be something like "I should prevail because the other party is bad and I am good". Don't make arguments in your pretrial statement.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.