United States:
A Change In The Custody Rules Effective 1/1/16
12 January 2016
Fox Rothschild LLP
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Not a big change but effective with the New Year, the filing of
a pre-trial statement identifying witnesses for a custody
proceeding is, by itself, a certification that the attorney
actually spoke to the witnesses listed. The explanatory comment
does not tell us much about the origin of the rule, but some
litigants like to profess that they are bringing the
"world" to testify in a custody proceeding but then that
list drops quickly as the day of trial approaches. Note the
certification is not one that you intend to call all of your listed
witnesses; only that you at least spoke with them before putting
their names in the pretrial statement. The amendment is Rule
1915.4-4. It was issued on October 28, 2015.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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