Greeley, CO asked in Family Law and Child Custody for Colorado

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?

Related Topics:
2 Lawyer Answers
Brock Richard Wood
Brock Richard Wood
  • Divorce Lawyer
  • Denver, CO
  • Licensed in Colorado

A: 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?"

Like that.

Sabra M. Janko
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

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.

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.