Q: What's an evidentiary hearing? The judge just ordered that at my motion yesterday

Q: What's an evidentiary hearing? I was in court yesterday for a motion, and the judge ordered that my husband and I get a date for an evidentiary hearing. I have no idea what that means.

A: An evidentiary hearing is a mini-trial on one issue in a case. It sounds like you may be in a divorce case, so I assume that you and your husband will have a chance to show what "evidence" you have to plead your case.

This might be about custody after the divorce, for example, so this means that you would need to bring (and/or request the other side to bring) evidence to court to show whether custody should be shared, or joint custody. The judge (or a referee, perhaps) will listen to the evidence, perhaps the testimony of the parties, and whoever else the parties might bring to testify. At some point (not necessarily at the hearing), the judge will issue an opinion (another word for his or her decision on this issue), which will be binding on this issue in this case.  ** if it is about custody, focus your thinking on the best interests of the child factors, which can be found here:

I highly recommend that you do some discovery in advance of the hearing. If this means hiring an attorney, so be it, because you will only get one shot to make your case. If you aren't prepared for the hearing, and you try to appeal a decision, the appeal can easily be shot down if it's shown that you could have presented the same evidence at the hearing.

Discovery would be gathering evidence you need, either from your own records, or from the husband's records. For example: custody factors include the mental and physical health of the parties. If you want to include that information, you may need to request it from a medical provider. Your attorney would be able to request it on the correct court forms. This would be an advantage if, perhaps, you wanted to argue that your husband's health is too poor for him to be able to care for the children, or that he has mental health issues to the extent that he can't care for children properly, as his own mental health issues may interfere.

Legal procedure: service on foreign defendant via Twitter OK'd by Federal court

A federal magistrate judge in San Francisco has approved service of a lawsuit via Twitter on an overseas Kuwaiti national accused of helping fund ISIS.

U.S. Magistrate Judge Laurel Beeler allowed the Twitter service in a suit by the nonprofit St. Francis Assisi . . .
Side note: usually rules of service are governed by the rules in which court the suit is filed -- for example, a suit in Michigan's Circuit Court would be governed by the Michigan Court Rules. In this case, it's in federal court, so it is governed by Federal Rules of Civil Procedure. 

If a plaintiff needs to serve a defendant notice of a suit, the rules tell the plaintiff how to do that properly. Typically, the rules will allow for service on a defendant's attorney, or at their address via certified mail, or through a process server. If the plaintiff can't serve the defendant in a typical fashion, he or she must request that the court allow for an alternative service method. 

Beeler said service via Twitter is not barred by any international agreement with Kuwait, and it is reasonably calculate to give notice. “Al-Ajmi has a large following on Twitter,” Beeler wrote, “and has used the social-media platform to fundraise large sums of money for terrorist organizations by providing bank-account numbers to make donations.” His Twitter account is active and he continues to use it, she added.

Article here (via aba journal). 

Legal documents, rules, and cases: they are your friends! More novel concepts in the law

Many times when a client (or potential witness) gets some legal documents in the mail, they become overwhelmed, and don't even read them. Or they read parts of them, and blank out the other parts. This often leads a to missed deadlines, a failure to respond, and makes the case even worse. It's the "ostrich" approach to litigation (If I put  my head in the sand, maybe it will all go away). This approach isn't a very good one.

Same thing goes for attorneys sometimes: they will get some pleadings from another attorney, or a notice from court, fail to read it thoroughly, and miss something important about the case.

Ancient truth: Yes, legal paperwork is sometimes hard to read, but if you break it down into smaller parts, it's easier.

And here's the secret: when you read it, it has to contain the rules (or cases) that it's based on, and those rules are something that you will need to use to argue (with or against) to get to win your side of the case!

In other words, you have to read it all (especially if you're an attorney), to see what else you should be arguing. And most likely the judge will read all of it too.  So if you don't read, the judge will wonder why you left that out of your argument.

Let me get specific here: You're the client, and you have gotten a notice to appear on your case. It will have the case number, name of the hearing, where the hearing will be (the courthouse, room, and street address), the time and date. It will also have how to respond to it listed on that same form. You (or your attorney) will need to contact the court to do something about the hearing, like reschedule it.

Sometimes, however, the form will contain other information, like "if you do not respond by 21 days from the date of this notice, then . . . ." What's the "then?" Possible "thens" : this order will be signed by the judge,  or then you will lose your window of appeal, or then the bench warrant will be issued. That's the trigger to get you into motion.

Or, let's try a different scenario: You're the attorney, and you get a new client, who needs you to do something with the documents. Where do you start? What court are you in? Make the first step of actually reading what the client gives you. (One more hint: it might not say what the client thinks - see above, clients don't always read everything!) But at least what the client gives you will have the court on it, and something about the case so you can at least get more information.If the client doesn't have the right papers, get the copies from the court of everything else in the file, so that you know exactly where you stand right now. Otherwise, your response will not be accurate.

Now: back to Novel concepts in the law: use those same documents to get the basis that you need to start arguing. In this scenario, you're the attorney with new pleadings from the other side. Those pleading should have a rule, or case citation in them. Look at the rule (or case)! It could be that the attorney on the other side is citing the wrong thing (so you will need to mention to the court what should actually be argued), or that your client's situation is somehow different from what's cited. Then you go about distinguishing your client's case from the one cited, and try to persuade the judge that he or she should agree with your version of things. It's the old "the sky is blue, your honor, that's true, but the shade of blue it was on that day was streaked with gray clouds. So when the opposition says "blue," they should really be saying . . . " You get the idea.

Mom's facebook message to Dad not sufficient notice about adoption, court rules

A pregnant unwed mother can’t use Facebook alone to notify the father about the baby before putting the child up for adoption, Oklahoma’s highest civil court has ruled.


The case was the latest to test the legal weight of communication through Facebook and other social media. Previously, for instance, courts have debated whether a plaintiff in a lawsuit could use Facebook to serve legal papers — such as summonses or hearing notices — on a defendant.

Article here.  (via Wall Street Journal law blog).