What do you need to know to prepare? While most cases are resolved in mediation , a handful go to trial. When this is the case, television sometimes does a disservice to the reality of a trial.
In most shows, the attorney meets the client at court and goes in and tries the case. That is the recipe for disaster and how to LOSE your case. In reality, most of the trial is done in the preparation phase a few days or more before trial, or much longer such as with items like getting appraisals. As a general rule of thumb, it takes two or three days to prepare for every day of trial; and generally, about three witnesses can be called in the morning of a trial and the afternoon.
So be sure you have asked for sufficient time for your trial. Further, complete answers come from thinking about your case over time so as to remember key details the court needs to hear in the testimony. A good litigant does not rise to the occasion and have his or best day in court by just showing up, but defaults to how much he or she has prepared for the case.
Thirdly, be prepared for cross-examination by practicing the hard questions you expect you will be asked that are relevant; and then at trial, truthfully answer these questions. Human nature sends many litigants into defense mode and they are evasive or non-responsive to cross-exam questions.
Everyone has a weak spot in his or her case and being honest is the best way to be perceived as credible by the trial court. Further, when the cross question does not tell the complete story, such as with substance abuse or mental illness questions, there will be ample time for your counsel to ask you a re-direct question to clarify the question asked on cross.
Arguing with the opposing counsel, refusing to answer a cross-question, or being evasive is a sure way to have the court wonder what part of your testimony is accurate and complete if any. Finally, know what you want. A clear case compared to an unreasonable, hostile opposing position, often wins to more or less degree because the other side paints a confusing evidentiary picture.
With this knowledge and clarity, you will have a filter through which you answer your questions, knowing what you want and why; in doing so, you will avoid making rude comments about your soon-to-be ex-spouse, blurting out uncontrollably or otherwise being disturbing in the decorum of the court. Being prepared will mitigate or eliminate this because you will have already crossed the hard-to-address questions or emotional hurt with your counsel before you enter the courtroom.
This can do more harm to your case than just a weak legal position or argument. In other words, the best case may get the worst outcome for failure to follow these relatively common-sense rules. This blog is intended for general educational purposes only. It is not a solicitation for legal services or legal advice. It is an advertisement. Please fill out the form below and we will be in touch with you shortly. We serve clients in six core practice areas: family law , appellate practice , firearms law , general practice , personal injury and criminal law.
All rights reserved. This Site does not provide legal advice; please review the disclaimer for other limitations. Privacy Policy. In addition, this practice focus is augmented by the firm's other three core areas, namely appellate advocacy, civil practice, and firearms law. Life is uncertain. The lawyer presenting a witness is not permitted to ask leading questions such as, "On December tenth, did your wife threaten you with a gun?
But even if the lawyer does not object, any outbursts are inappropriate. A party makes a better impression on the judge by staying in control. The lawyer may be permitted to ask additional questions of his or her client or any witness who has just been cross-examined. This is called redirect.
The other lawyer may then cross-examine that witness on the subject of the redirect testimony; this is called recross. Redirect and recross may once again follow. Sometimes witnesses are taken out of sequence because of scheduling problems. This is especially likely to happen if doctors are involved due to demanding work schedules and may sometimes be unavoidable, but a lawyer should not allow his or her presentation of evidence to be continually interrupted by witnesses taken out of turn by the other side.
As with any story, a case is not as powerful or convincing if it is plagued by repeated interruptions. Once each side has presented its case, the side that went first may present more testimony to rebut any new issues that were raised by the side that went second. This is called rebuttal. Then the opposing party may also present additional testimony to rebut any new issues raised during rebuttal; this is called sur-rebuttal.
Once this process is complete, the lawyers make their closing arguments, which are often blistering and unfair personal attacks on the opposing party. In this phase of a trial, the lawyers mischaracterize or misstate what various witnesses have said on the stand. Many lawyers believe that, if they can get away with it, they have a duty to their clients to try these courtroom tactics.
It is hard to say whether it is worse to be represented by a lawyer who aggressively twists the truth or to not have such a lawyer. In any event, a party must sit mute while the other lawyer drones on with unfair innuendos. This is certain to be one of the most painful and humiliating experiences a person will ever endure.
And these tactics often escalate when the other retaliates in an effort to correct any misimpressions. Also called the Chancery Court. Add the Divorce Encyclopedia to Your Website! Gain access to the same research material that lawyers often use to establish and win divorce cases. If you think your situation is unique, your answers will most likely be here.
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