Submit journal as evidence exhibit

[dr_white]

What is the strategy of submitting one's journal as an evidence exhibit? Do you photocopy every page of your journal and file that? I have 2+ years of journaling with hundreds of pages written. Do I need to submit the whole thing? Or just sum up the highlights?

[Oneforthree]

During my divorce I submitted my journal, and submitted updates, during the production of documents stage. One is expected to continually supplement up through trial, and through any delays or continuances If not produced to the opposing side, one can't use it to support their case (unless it's in rebuttal). One may have thousands of documents submitted but only use a portion as exhibits.

During trial, I isolated sections of it to demonstrate clearly my points (either in support of what I do, or in defense against their allegations). It is then considered exhibits. Of note is I read the sections and noted dates etc., but submitted the entire journal. That way the judge could, if he wanted to, read more of it.

[dr_white]

When you say submitted the entire journal, did you literally make photocopies of every page? How big was that? How many pages? Like I said, I have 2+ years worth in about half a dozen spiral notebooks, all hand written. I'm worried that if I photocopy all that and submit is as a huge volume, the judge will look at it and think WTF?

[Oneforthree]

Yes. I produced the entire journal to the other side. That way they have it and I could use any of it in trial. Remember if you don't produce it to the other side so that they can review it (if they choose) they can cry foul. And you won't be able to use any of it. And they can cry if it appears you only produce a portion of it. Because it could appear you are selecting out what favors you. So I produced it entirely to the other side but only selected certain entries as exhibits. Be careful because the other side can use your entries against you. My plan was to not bash my ex. So my journal didn't contain things that were opinion. It didnt have me bashing her. So they couldn't show I was cruel and mean and not a good candidate for a co parenting situation. In fact, opposing counsel attempted to get my journal thrown out as simply "fiction and opinion". However the judge felt it was factual data describing what I did for the children and he let it in. It made my case.

Of note is my ex and her attorney sent me a notice that I would be recorded daily and advised to be cautious of what I say to whom. Well at trial we asked for recordings that were never produced to us. My ex admitted she had recordings. The judge asked her to retrieve them to allow us to listen to them in private and decide if WE wanted to use them. That the discovery laws didn't allow her to use them (because she withheld them), but if we wanted we could "bring them in". We declined and made a case that the recordings favored me and thus that's the reason she didn't produce them. Judge agreed.

Bottom line. Produce a copy to them if it doesn't burn you. Use what you need, even if it's only one page.

[hoosier_dad]

I submitted my entire journal into evidence as well as background material, and used the exhibits produced from the journal during testimony. I definitely didn't expect the judge to read through it, but did expect some spot checking to connect the dots from the summary exhibits to the supporting details recorded in the journal.

[Enough]

I type mine on Word. That way you can make multiple copies as needed and not have to run it through a copier or take pictures. Plus it is on my business laptop so she can't find it.

[defaultuser]

I use OurFamilyWizard.com to do it. Its cook because I can just print out what I want and the judge can log into the website through the judges portal to verify and everything.

It also adds some credibility because it time stamps the journal entries and puts them on the calendar. The judge can flip through the calendar and peruse the journal entries if she so desires.

[Enough]

I use OurFamilyWizard.com to do it. Its cook because I can just print out what I want and the judge can log into the website through the judges portal to verify and everything.

It also adds some credibility because it time stamps the journal entries and puts them on the calendar. The judge can flip through the calendar and peruse the journal entries if she so desires.

Thanks for the link. I learn something everytime I come on this forum.

[stretchkr]

I've been keeping a pretty simplified journal on word, documenting my superdadness, and outlining when stbx is away. No bashing, just facts. Typically two to three sentences describing what I did with the kids, wnd when the stbx was not at the house.

[dr_white]

I had the trial, and tried to offer the journal into evidence as an exhibit. Opposing counsel made a huge stink about it being hearsay, prejudicial, irrelevant, on and on and on; pretty much every objection in the book. The judge sustained the objection. I tried to explain the relevance, but the judge wouldn't hear it. The judge instead wanted to hear my direct testimony as opposed to me just reading things from the journal. Which I did, but fumbled a bit trying to articulate the best highlights.
So where did I go wrong? Those of you that have gotten your journal into evidence, how did you (or your attorneys) do it?