La. Admin. Code tit. 22 § XV-1369

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-1369 - Objections

A. The attorney should make appropriate motions, including motions in limine and evidentiary and other objections, to advance the child client's position at adjudication or during other hearings. The attorney should be aware of the burdens of proof, evidentiary principles and court procedures applying to the motion hearing. If necessary, the attorney should file briefs in support of evidentiary issues. Further, during all hearings, the attorney should preserve legal issues for appeal, as appropriate.

B. Control of proceedings is principally the responsibility of the court, and the lawyer should comply promptly with all rules, orders, and decisions of the judge. Counsel has the right to make respectful requests for reconsideration of adverse rulings and has the duty to set forth on the record adverse rulings or judicial conduct that the attorney considers prejudicial to the child client's legitimate interests.

C. The attorney should be prepared to object to the introduction of any evidence damaging to the child client's interests if counsel has any legitimate doubt concerning its admissibility under constitutional or local rules of evidence.

La. Admin. Code tit. 22, § XV-1369

Promulgated by the Office of the Governor, Public Defender Board, LR 37:2609 (September 2011), Amended LR 45414 (3/1/2019).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:148