Going to Trial
Only a small fraction of family law
cases end up in trial. A trial is a much
larger proceeding than a mere hearing.
A trial involves the presentation of
evidence usually through pre-marked exhibits
and witnesses giving testimony from a
witness stand. While a hearing might
last for a matter of minutes or hours,
trials generally last for several hours,
several days, or several weeks.
In a typical divorce trial, the plaintiff
will have the first burden of proof.
He or she will be required to call witnesses,
present evidence, and move forward with
whatever proof the court needs to see
to understand their legal positions.
As each witness for the plaintiff takes
the witness stand, the attorney for the
plaintiff will have the opportunity to
examine the witness and ask the appropriate
questions. Then, the attorney for the
defendant will have the opportunity to
cross-examine each witness. Usually the
plaintiff’s attorney can ask additional
questions, known as re-direct examination.
And, if necessary and appropriate, the
defense attorney may then get a second
opportunity to ask questions of the witness,
known as re-cross-examination. Occasionally,
the judge himself will interject questions
along the way. After all of the plaintiff’s
witnesses have testified, the defendant
will have the opportunity to call his
witnesses. Each of the defendant’s
witnesses will likewise be subjected
to direct examination, cross-examination,
redirect examination, re-cross examination,
and/or questions interjected by the judge.
As each of the witnesses testifies,
certain documents will be admitted into
evidence. Once admitted into evidence,
the documents are available for review
by the judge. After the case is concluded,
the judge will consider all of the testimony
by all of the witnesses as well as all
of the documents admitted into evidence.
Based on this evidence, the judge will
render an opinion.
Depending on the state in which the
case is being heard, trials entail different
technical procedures. Some of these procedures
require the submission of trial briefs,
pretrial motions, and certain disclosures
prior to trial. Some states require the
submission of written summations or proposed
findings of fact and conclusions of law
after trial. It is important to understand
what the local procedures are and to
follow them closely.
|