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Pennsylvania Family Law Updates, Events & Useful Tips Surrounding Family Law Issues

Tag Archives: Evidence

A PAGE TURNER OPINION FROM MONTGOMERY COUNTY REMINDS US OF WHAT IS AND ISN’T RELEVANT IN A CUSTODY CASE

Posted in Adoption, Custody, Divorce

One of the most difficult concepts for lay persons to understand in the law is the rule stating that only relevant evidence is admissible in judicial proceedings.  The concept would seem self-evident as no one would disagree with the principle that courts should not waste time considering irrelevant evidence.  But when faced with a case… Continue Reading

Am I on Speaker? PA Supreme Court to Decide Whether Wiretapping Act Applies

Posted in Divorce, Practice Issues

(Image Credit: technodiaries.org) The Pennsylvania Supreme Court recently accepted the case of Commonwealth vs. Spence, on appeal from the Superior Court.  This criminal case involves the issue of whether eavesdropping on a speaker-phone telephone call constitutes a violation of Pennsylvania’s Wiretapping and Electronic Surveillance Control Act.  The outcome of this case will have a significant… Continue Reading

INTERSTATE DISCOVERY JUST GOT EASIER (MAYBE)

Posted in Practice Issues

 We live in an age when both people and transactions cross state borders more and more often. Evidence concerning what occurred in Pennsylvania is often located outside of the four corners of the Commonwealth and thus, beyond the subpoena power of Pennsylvania Courts.  This is true for all forms of litigation, not just family law…. Continue Reading

New Rule Makes for Easier Evidence

Posted in Practice Issues, Support

Normal 0 false false false /* Style Definitions */ table.MsoNormalTable {mso-style-name:”Table Normal”; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:””; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:”Times New Roman”; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;} (Photo by Indi Samarajiva)   The Pennsylvania Support Rules were recently amended on December 30, 2012.  Rule 1910.29, formalizes the presentation of support evidence for… Continue Reading

Twitter Download Makes Account Production Easy and Risky for Clients

Posted in Custody

  (Image: http://www.opencms.org/en/)   The practice of family law has seen a shift in discovery in recent years with the increased use of social networking sites by clients. There are increasingly easy ways to access and download the histories of websites like Facebook; the implications to clients is what they thought were private comments to “friends” do… Continue Reading

ARE TEXT MESSAGES ADMISSIBLE AS EVIDENCE

Posted in Practice Issues

A recent Superior Court decision in a criminal law setting may have broad implications for civil cases as well, including those decided in family law settings.  In Commonwealth v, Koch, a man was charged with possession of marijuana with the intent to deliver.  At the time of his arrest he resided in the same household… Continue Reading

LITIGATION EUTHENASIA

Posted in Divorce

A recent article by Harvard physician Atul Gawande in the New Yorker discussed how poorly our society does in addressing end of life decisions where a person is afflicted with a diagnosis of terminal disease.  These are questions we don’t like to deal with.  And as the article poignantly illustrates, neither the patient nor the… Continue Reading