Child Custody Events

Your Day In Court

This is an indication of how your day in court is supposed to happen. You arrive at the courthouse, meeting your attorney at the prearranged time and place, early enough to be calm and collected. Do not become overly concerned if your attorney is a little late.

They often have one court appearance after another.

You enter the court room, where you and your attorney sit at one table. The opposition sits at a table across from you.

The bailiff instructs all to rise and the judge enters and sits down. Everyone else then sits down.

The bailiff announces the matter at hand and inquires as to whether everyone is there and ready to proceed.

Your attorney presents the court and opposition attorney with a Trial Memorandum.

The plaintiff's attorney makes a statement. The respondent's attorney makes a statement.

The plaintiff's attorney calls witnesses, questions them using direct examination and introduces documentary and physical evidence.

The respondent's attorney questions the witnesses using cross-examination. At the end of cross-examination, before the witness leaves the stand, the plaintiff's attorney may question the witness under redirect examination to clear any misconceptions from the cross-examination.

If it is a long trial the judge may allow "mini closings" or "interim summaries" when the lawyers are allowed to address the jury periodically throughout a trial to sum up evidence, preview the next witness and make sure the jury is following the case.

The respondent's attorney calls witnesses and questions them, using direct examination and introduces documentary and physical evidence. The plaintiff's attorney questions the witnesses, using cross-examination and examines the evidence. The respondent's attorney may call any of the witnesses and question them under redirect examination to clear any misconceptions from the cross-examination. After presentation of the respondent's case, the plaintiff's attorney may introduce impeachment evidence in an effort to compromise the evidence presented by the defense.

Each attorney may object to a question asked by the other attorney, using one or more of these reasons:

Argumentative -Question is designed to make the witness argue.

Compound -Question requires more than one answer.

Hearsay -Information requested was not directly experienced by the witness.

Irrelevant -Testimony cannot be requested that does not have a bearing on the issues raised in the case

Lack of Foundation -Attorney failed to build a basis for the question asked.

Leading -The attorney cannot recite the information in a specific order or manner and requests approval or rejection of the statement.

Presumption - Question based on facts not in evidence -Each question must have roots in previously presented evidence or testimony.

Repetitive - The question has already been asked in a different way.

All testimony or evidence is governed by the rules of evidence. Any evidence that violates the rules is inadmissible. When an objection is raised by an attorney, the judge rules on the objection. By objecting to a question, an attorney preserves the rights of the client no matter how the judge ruled on the specific objection. An attorney failing to object is allowing that issue and information to be admitted. Once the judge has ruled on the admissibility of the question or evidence, the witness will be instructed to answer or not. Many times you hear an attorney object and the judge find against the objection.

The attorney made the objection a matter of record. Without objection on record, that issue cannot be brought up on appeal.

The plaintiff's attorney makes a summation or closing statement. The respondent's attorney makes a summation statement.

The judge will either rule on the spot or advise the attorneys and their clients when and how the ruling will be made.

When the decision does arrive, it may de divided into sections;

Finding of Fact. The history of the case as seen by the judge.

Conclusions of Law. The precedent that applies to the case.

Judgment. The judge’s actual ruling.

This information is from the, Win Your Child Custody War book  available at  Amazon.com  or  CustodyWar.com