Q: Can a clients attorney present anything in court that considered “here say” or is that again the rules of the court?
Mother and father were never married mother is the PRP while father is the ARP and there is a parenting plan in place currently giving the mother 4 days and father 3 days each week. Father has filed for full custody and has made completely fabricated allegations against the mother in an attempt to deem her unfit and gain sole custody of their child. I just want to know if fathers attorney is permitted to speak to allegations that have been made with no proof.
A: An attorney cannot testify. But whatever he puts in pleadings on behalf of a plaintiff could be proper. Just because something appears in a pleading or motion does not mean it would be admissible when offered as proof during a hearing.
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