– from Virginia S. in Muskego, WI

Question Details:

I don't want to get into detail, but I am going to court accusing somebody of something. According to the law, the accused can introduce evidence that may negate some of my evidence by creating a contradicting time frame. If I bring in expert testimony which limits the time frame, is the evidence of the accused party still admissible?

Family Law Attorney Response:

This is a generalized question, and without full details, I don't know how much help I can be. Given the description you have given, theoretically, you may be able to limit the inclusion of evidence of the other party. It is not a guarantee because it would ultimately depend on the case, factors, and the breadth of the court's jurisdiction over the matter. It would also depend on how the court decides to exercise their discretion.

To give you an example, there is a similar case that comes to mind. In State ex rel. J.A.S. v. M.E.S. 142 Wis. 2d 300, 418 N.W.2d 32 (Ct. App. 1987), a mother was attempting to prove paternity. The alleged father was prepared to introduce evidence that would call into question the validity of whether he was actually the father because the woman was sexually assaulted by another man during the 60 day conceptive period. The woman introduced expert testimony that narrowed the time frame down to two weeks, rendering the alleged father's evidence inadmissible because it fell outside the two week time frame.

My advice is to contact an attorney to discuss your case in detail before proceeding.

Lawyer Jeff Hughes from Sterling Law Offices, S.C.
Jeff Hughes, J.D.

Managing Partner

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