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Difference between revisions of "Family Law Trials in Supreme Court"
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Family Law Trials in Supreme Court (view source)
Revision as of 22:34, 2 August 2017
, 22:34, 2 August 2017→Preparing evidence for trial
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Nate Russell (talk | contribs) |
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A good starting point is to prepare a framework for the eventual argument that you will be making at trial and keep updating it until you get to trial. Here is how you would begin: | A good starting point is to prepare a framework for the eventual argument that you will be making at trial and keep updating it until you get to trial. Here is how you would begin: | ||
# '''List of | # '''List of claims:''' Start by making a list of all of the claims that each of the parties are making in the court proceeding. The claimant’s claims are listed in the notice of family claim and the respondent’s claims are listed in the counterclaim. Consider the specifics of each order you want the court to make in relation to each claim (and make notes where appropriate). | ||
# '''Know the | # '''Know the law:''' Then review the law to figure out what factors the judge will be considering when making their decision, and figure out what you need to prove at trial in order for the judge to consider making (and hopefully make) the orders you are requesting. Note those factors in your outline so that you remember to address them in the evidence you lead at trial and your eventual argument to the judge. | ||
# '''Consider the | # '''Consider the evidence:''' Then review the evidence you have to prove your case to make sure that you are including all the information the judge needs to know to be persuaded to make the orders you are requesting. You must also consider the form of the evidence and how you will present it to the judge (ie: presenting a document or having a witness testify). | ||
Once you know where there are gaps in your evidence, you can figure out what further evidence you need. It is also useful to make note of where in the outline the evidence fits in and address that in your closing argument. | Once you know where there are gaps in your evidence, you can figure out what further evidence you need. It is also useful to make note of where in the outline the evidence fits in and address that in your closing argument. | ||
