Q: After the CFI report has been filed, and the magistrate said supplemental/rebuttal report needs filed within 14 days…
Can i write a rebuttal report regarding all of the collateral contacts telling bold faced lies that I have proof of?
You can always challenge the CFI's conclusions and recommendations if you believe that a third party told a lie to the CFI and the CFI relied on that lie in coming to a conclusion or recommendation in the CFI's report. If you are filing a rebuttal document, make sure to attach the relevant documents that prove that the statements made by the third parties are not true.
That is the logic you should follow: 1) A lie was told, 2) to the CFI, and 3) the CFI relied on that lie (perhaps referencing it in the report) when the CFI states a conclusion or makes a recommendation.
When you say the magistrate said that a "supplemental/rebuttal report" should be submitted within 14 days, was the magistrate referring to you writing that report or you hiring your own expert and then having your own expert do a "peer review" rebuttal report? A 14 days deadline is awfully short if the magistrate intends for you to get your own expert.
You can always challenge the lies told to the CFI at the final hearing using your witnesses and documents. Make sure you call the CFI as a witness at the final hearing. If you do not, and the CFI does not show up, the CFI report still comes into evidence as the statement of the CFI but you have no way to challenge the CFI on his/her conclusions and recommendations.
One way to challenge the lie told to the CFI is to bring it up to the CFI on examination or cross-examination at the final hearing. You say, "Mr./Mrs./Ms. CFI, you stated in the report that you based your conclusion about [insert issue here] in part on the statement of [insert name of lying third party here]. Would your conclusion or recommendation be different if that statement turned out to be false? Would it surprise you to learn that the statement by [lying person] is not true? In fact, the real truth is [point the CFI to a document or a witness statement]. Based on the real truth you have just learned, do you have a different conclusion or recommendation to make?"
A: Only a CFI can write a rebuttal report. However, you can submit whatever evidence you have in your testimony in court. There are rules of evidence surrounding character evidence and impeaching someone. If testimony is admitted about the lie, then you can impeach the lie. The CFI Report will be admitted in its entirety so you can testify as to what you believe is not accurate in the report and submit whatever evidence that you have to contradict the lie.
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