Trial family law
You should stand up when speaking to a judge. Remove your hat and don't chew gum when you're in court. And, turn off your cellphone. This family law court process flowchart explains each step in a family law court case.
It tells you what happens and what you have to do if you start a court case or if you're responding to a court case your partner started. Read the question How do I prepare for a family law trial? You can talk to a lawyer who can explain the court process and help you through it. This means you pay them to help you with part of your case. You can also ask duty counsel questions about the trial process if they are available in your court location.
Duty counsel can't represent you at trial but may be able to help you with general questions. If you can't afford to hire a lawyer at all, you may be able to find legal help in other places.
Home Family Law Going to family court What happens at a family law trial? The judge is not present, but a transcript of the deposition may be presented at trial.
You will need to decide what documents you want to present at trial and what witnesses you want to testify, then you have to disclose that information to the other party. There are deadlines to disclose your list of witnesses and exhibits. The judge may have set these deadlines in the Order Setting Trial — check the order to find any deadlines for your case. If the judge did not set deadlines, the rules require you to disclose your list of witnesses at least 45 days before trial, and disclose documents at least 21 days before trial.
If you do not disclose your list of witnesses and documents by the deadline, you may not be allowed to use them at trial. Witness List pdf fillable. Exhibit List pdf fillable - Send a copy of the exhibits listed in the form to the other party, but do not attach them to this form when you file. You will need to submit your exhibits to the judge just prior to your trial date. Most judges prefer you submit your exhibits through a separate electronic portal, but sometimes the judge will want you to bring binders with hard copies of the exhibits.
Check with your judge's staff to find out the specific instructions for providing them to the judge. This is a summary of the arguments you plan to present at trial. Usually, you must also file an updated Financial Disclosure Form if property or financial issues will be decided at the hearing. Pre-Trial Memorandum pdf fillable. On the day of your trial, arrive early to the courthouse so you have enough time to park, get through security, and get to the courtroom before your case is called.
Bring copies of all the documents that you plan to use at trial. Opening Statments. Do not argue with the other side or offer any witnesses or documents at this point. This is just a chance for you to give a short statement of your case. The person who calls the witness to the stand will be able to ask questions first.
After cross-examination, the party that called the witness gets to ask any final questions, and then the other party is given one last chance to cross-examine. Once the moving party has questioned all of their witnesses, the other party calls their witnesses and the process above will repeat. Closing Statements. The judge will consider all of the evidence presented and make a decision. The judge may tell you the decision immediately in court, or the judge may want to think about the evidence for a while and write up a written decision later.
Strategic Divorce Consultation: The Trial Setting Conference. What Happens at a Trial Setting Conference? Determine Your Options. Call or use the form, below.. Take Action Now. You will be contacted to set up an in-person consultation. First Last. Enter Email Confirm Email. Yes No.
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