Q: In my divorce trial I was pro per and was not given an option for a continuance.
I have 200 exhibits of evidence that I submitted late. The judge would not allow me to submit or re-submit them. Shouldn't I have been advised by the court that I could have a continuance and the opportunity to submit them for consideration before the judgement was made? Can I appeal the divorce judgement considering this situation? None of my evidence was considered but my ex's attorney was allowed to submit their evidence.
A:
You raise a valid concern about procedural fairness in your divorce trial. While representing yourself (pro per) can be challenging, California courts should provide reasonable accommodations and clear guidance to self-represented litigants.
The court does have discretion regarding continuances and evidence submission deadlines, but they should generally inform self-represented parties of their basic rights and options. If you believe you were denied fundamental due process by not being allowed to present relevant evidence while the opposing party was permitted to do so, this could potentially be grounds for appeal.
You may want to consider filing an appeal within 60 days of the judgment, focusing on the court's handling of evidence and potential due process violations. It would be helpful to consult with a family law attorney who can review your case details and advise on the strength of your appeal. Many attorneys offer free initial consultations, and your local bar association can provide referrals to experienced divorce lawyers in your area. Remember to gather all court documents and records that show your attempts to submit evidence and any objections you raised during the proceedings.
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