Life is messy. Divorce really is messy and emotional; this plays out in the courtroom. Trial court judges often face the presentation of evidence in final hearings that is disorganized and ranges from notes and texts to emails and photos. With highly contested divorces, there may be multiple days of hearings over many months or even years. Mostly, for this reason, there are three common mistakes that occur in final decrees that make for strong appeals. This blog covers these three issues for appeal.1 The issue that arises in such a context is divorce litigation where there numerous real and personal ...
Tag: common mistakes
May 15, 2018CD
One of the key ways to obtain information in litigation is by depositions. In the most common scenario, these are depositions of the parties. Essentially, a court reporter and the attorneys and the litigants meet at one of the attorney’s offices or the office of the court reporter, the witness/party is sworn under oath, and questions are asked by the deposing attorney. There are many aspects of depositions. This blog explores the five common mistakes in answering and the proper ways to answer deposition questions. Personal knowledge. In everyday life, we all answer questions in normal human discourse by stating as ...
November 16, 2017CD
Indiana’s trial courts issue tens of thousands of final orders. Over the years, we have observed three common ways individuals who want to challenge the trial court’s ruling in the Indiana Court of Appeals have inadvertently waived this right. Don’t let this be your case if you want to appeal what you believe is a wrong order and seek reversal. This blog post identifies and explains common mistakes. Procrastination or lack of awareness of timelines. The decision to appeal or not to appeal is a vexing one for many reasons; you or your trial counsel may understand. All sorts of things ...
October 27, 2017CD
What You Need to Know in Picking an Appellate Attorney and Identifying Issues for Appeal In Indiana, we are fortunate (in most cases) to have the automatic right to file an appeal of a final order with the Indiana Court of Appeals. However, an appeal is a sophisticated and complex legal instrument that is often both time-consuming and costly. For these two reasons, and obviously, to hopefully obtain a reversal of what is believed to be an error made by the trial court, the appellate briefing should be as good as it can be. Thus, you should great care in choosing ...
September 26, 2017CD
In this blog post, the four most common mistakes that FFL’s make that sell at retail to individuals make and simple solutions are addressed. The expectation from BATFE is perfect compliance to assist with the duties of accurate records for law enforcement purposes. First, the 4473 must be the most current version completed by the purchaser and it must be complete and accurate without exception. The best way to accomplish this is by a double check or electronic A&D book system with defaults for incomplete information so the transaction cannot proceed. Most retailers have difficulty with A&D books. Second, the FFL must ...
September 21, 2016Adam Hayes
The legal system is the default dispute resolution when no other person, group or institution can solve a problem or dispute. The fact a case is brought sometimes demonstrates the very point—good individuals and well-run companies have disputes they cannot move beyond and bring to an impartial judge for decision. This system is the marvel of the world, particularly since there is generally a right to appeal an adverse decision. In this case, the appellant (who generally lost some or all issues) often make the same three mistakes that deflect from the merit of the case. 1. Blame the judge or ...
December 29, 2015Adam Hayes
Indiana’s few trial court judges, magistrates, commissioners and pro tems hear and decide a staggering number of cases (tens of thousands) each year with speed and accuracy. However, approximately 4,000 are appealed to the Court of Appeals as a matter of right. In consultation with their attorneys, litigants help to decide what issues to raise on appeal. Four common mistakes with litigants in selecting issues. Every “Mistake:” The first is trying to appeal every actual or perceived mistake made a trial. No trial is “perfect.” Ultimately, if the “mistake” will not make a difference in the decision it is generally a ...
December 8, 2015Adam Hayes