When a trial is held, whether, before a judge or a jury, it is the one time the parties get the opportunity to present their case. You must ensure that all of your evidence gets offered and hopefully admitted—you will likely never get a second chance to present it again. When preparing for trial, plan ahead of time and make an exhaustive list of all facts and documents and witnesses that support your case. Get these to your attorney to help him or her make the best case you can. The judge may refuse to allow certain evidence, but do not ...
August 29, 2017CD
In trial court testimony, it is rare that the prosecutor (if the defendant testifies on his or her behalf) or a Plaintiff’s or Defendant’s attorney gets a stunning revelation on cross-examination, such as in the 1992 movie A Few Good Men where the witness on trial in a military court—while enraged on cross—admitted he ordered the “code red” which caused other soldiers to beat up a non-conforming soldier. Equally, criminals on trial for murder don’t typically admit they killed the victim, nor does a divorcing party admit to a gambling or drinking problem. This is basic, innate, and instinctual self-preservation. However, ...
May 30, 2017Adam Hayes
Social media has literally changed the face of the world and how we interact—but nothing compares to Facebook with nearly 2 billion users globally and 210 million users in the United States (most of the population). Instead of real, in-person conversations, many people have substituted Facebooking (and many other social media tools). As you might guess, Facebook has worked its way into courtrooms in two key ways. First, there is a prolific amount of posts and related material on high-profile crimes and divorce—in some respects this is a new hybrid form of tabloid and serious news reporting. Ultimately, there should be ...
May 25, 2017Adam Hayes
Good lawyers never stop learning. Some valuable insights into trial practice and how to be a better advocate from your client can be learned in the heat of the moment—trial. In this blog post, it covers three valuable tips Ciyou & Dixon, P.C. attorneys have learned over the last several months of trial. We hope they help you better understand inside courtroom, which is vastly different than what is depicted on television courtroom shows. The first relates to objections. A large number of potential objections are unnecessary because the evidence in question will be admissible in a number of other ways. ...
September 29, 2016Adam Hayes
Court room proceedings and trials before judges are misunderstood many times by members of the public and compared with certain reality TV court shows. In reality, the courtroom process is a high-emotion place with those who prevail and those who do not. Television and the pressures of trial sometimes obscure the simple reality of a trial: within the bounds of certain laws and trial rules, a trial is aimed at giving a neutral fact finder the information necessary to make a sound, fair legal decision. It is not that much different from going to the doctor, your boss, church or any ...
May 5, 2016Adam Hayes
Trials are dynamic events and no two are the same, even on the same or similar issues between the same parties. To have a fair and accurate trial free of most types of evidence that can misdirect a court, there are four key rules of evidence parties and witnesses struggle to follow as sometimes they seem counter-intuitive. These are addressed in this blog post to help you put your best foot forward at trial. The first is hearsay. Unless the matter is what one “party” (not other witness) has said to the other, statements or testimony about what someone else said ...
September 9, 2015Adam Hayes
The Short Answer: Don’t Do It! It is easy to see the news story of the day, reality TV, or talk with someone about their court experience and think lying is acceptable and a sign of the times. Good or okay? No. It is not, and every attorney and jurist will tell you the integrity of the system is based on honest answers that are made under the penalty of perjury. It is the ugly side of law that people will lie to try to obtain a legal advantage. In fact, perjury means if you lie in court and it is discovered, ...
September 2, 2015Adam Hayes
Tens of thousands of cases are filed and decided by Indiana’s trial court judges each year. Every judge and attorney knows the importance of telling the story of your position to give you your best day in court. However, for the legal system to work as it should, litigants themselves play a key role at trial. These may seem obvious, but it is amazing how the stress of a trial or nervous excitement may cause you not to be prepared for court. Here are some simple tips to be prepared for your day in court. Individually, they may not make a ...
May 26, 2015Adam Hayes