What is a meet and confer with opposing counsel in California?
I have a meeting scheduled with the opposing counsel to discuss various topics as we prepare for a DVRO trial.
My question is, during our discussion on evidence, would it be appropriate to mention that I have several exhibits intended to impeach their client? (There are inconsistencies/exaggerations in their original complaint.)
I aim to reach a settlement if possible, but I don’t want to lose my advantage. I know they will testify that their original statements are true and accurate, and I plan to confront them with evidence of their dishonesty in the original complaint to get the TRO approved.
What’s the best approach when we discuss and disclose each other’s evidence?
Everyone is quick to suggest hiring an attorney. I spent $32,000 in one year on a law firm and still had to do most of the work finding hidden assets myself. There’s nothing worse than having an attorney more focused on getting paid than on protecting you.
Of course, feel free to message me. However, from my understanding of the California Rules of Court, specifically Rule 5.98, evidence intended for impeachment or rebuttal does not need to be submitted beforehand. Here’s the relevant section:
2023 California Rules of Court Rule 5.98. Meet-and-confer requirements; document exchange
(a) Meet and confer
All parties and attorneys must meet and confer in person, by telephone, or as ordered by the court, before the date of the hearing related to a Request for Order (FL-300). During this time, parties must discuss and attempt in good faith to settle all issues, even if only conditional agreements are made. This requirement does not apply to cases involving domestic violence.
(b) Document exchange
Before or while conferring, parties must exchange all documentary evidence to be relied on for proof of any material fact at the hearing. The court may decline to consider documents not provided to the other party before the hearing as required under this rule. The requirement to exchange documents does not apply to those submitted primarily for rebuttal or impeachment purposes.
Never reveal your evidence beforehand. Allow them to lie in front of the judge, then expose the truth. Judges especially dislike being lied to, particularly in a courtroom full of people.