Everyone has watched courtroom television dramas unfold in which a fictional attorney stands up in courtrooms and witness by loudly exclaiming, “I object!” Next, the opposing counsel scoffs, and mutters something under his breath, while the judge decides whether to allow the testimony (this is overruling the objection if the witness is allowed to continue). On television, a scene like this certainly serves its dramatic, cinematic purpose, but when you are in an actual courtroom proceeding, understanding the most common objections will help you be a better-informed litigant and more fully relay your “story” to the court. This is key ...
March 30, 2017Adam Hayes
Every judge is skilled, but every trial is dynamic and unique. To ensure a fair process and ruling, the Indiana Supreme Court has adopted Rules of Evidence1 to supplement all of the other bodies of law that apply to a given case. In civil litigation ranging from personal injury to divorce cases, an attorney may make objections to testimony (i.e., a person sworn under oath) or exhibits (i.e., documents). This blog explores three common objections to testimony and exhibits. With an objection to testimony, a litigant must stop his or her testimony until the trial court rules. If the objection is ...
June 24, 2015Adam Hayes
Every attorney-client relationship and case share similarities. With divorce, this is no less the case. However, Ciyou & Dixon, P.C. attorneys observe divorces are often based on or laced with non-legal matters, such as the sense of loss of the marriage and fear of an unknown future. Or pure rage. Attorneys are all over the board on how they handle non-legal matters. Some, as with a horse with blinders, leave these components to therapists or the religious establishment to deal with. Other attorneys completely identify with their clients and take on their emotional state. Most fall somewhere in between lawyer and ...
October 25, 2011CD
A common concern we see as advocates for domestic clients is what happens in the time, sometimes substantial time, between a divorce filing and a divorce. Where children are involved, post-divorce matters may, unfortunately, drag on for years. Often Ciyou & Dixon, P.C. counsel face the indirect or direct question of how to live with the proceedings–uncertainty. There are no sure, fast or simple answers to live with this or any other of life’s burden, such as a tax audit or criminal investigation. “Worry” is a normal aspect of life. However, there are four (4) tried and true ways techniques we ...
September 22, 2011CD
“Shouldn't the person who ruined our marriage pay all for the legal fees for divorce? It's their fault we're getting divorced, not mine.” At Ciyou & Dixon, P.C. we observe a fundamental misunderstandings about America’s legal system is that legal fees can be collected from the opposing side. For the most part, America, including Indiana, has rejected this: the English Rule. Under the English Rule, the prevailing (winning) party generally paid the others legal fees. The American Rule is much different. With it, each side pays their own legal fees. There are three (3) major exceptions. First, in domestic relations cases, which comprise ...
June 23, 2011CD