The special aspect of a trial is you are able to have a neutral judge (who is a lawyer) hear the unique facts of your case and receive evidence in the form of exhibits (documents) and live testimony from witnesses before applying the relevant law and deciding your case. This does not occur with appeals to a higher court. However, there are times when key witnesses simply cannot come to court to testify because of infirmity or distance (some may even live abroad) so they need to testify by phone if possible. This blog explores the problem with witness telephonic ...
April 23, 2020CD
Child support payments can be modified throughout a course of litigation, either due to a change in circumstances of the parties1, children becoming emancipated2, or a change in child custody3, to name a few. Often if there is a change in child support, there is a potential overpayment of child support. In some cases, this overpayment may be reimbursed. In others, it may not be. How is it determined whether overpaid child support is reimbursed? It seems that much of it depends on the intent of the parties. For example, if a child became statutorily emancipated at age ...
April 16, 2013CD
Within the proceedings of any legal issue, be it Family Law or otherwise, there are several deadlines. For example, there may be a deadline to file an action, a deadline to file a response, deadlines to file discovery, and deadlines for trial, just to name a few. Often, these deadlines must be strictly followed. However, in certain circumstances, a continuance may be requested by one or both parties. Timelines and preliminary dates for hearings and trials are often set early in the litigation to ensure that there is a timeframe to keep the case moving forward. But, as the case moves forward, ...
November 29, 2012CD
When a family law (or any type of case) is filed, if the party has an attorney, the attorney will file what is called an appearance. This filing includes the party’s information as well as the attorney’s, and it is made a part of the Court file to put everyone on notice that the party is represented by counsel. The other party may then hire an attorney who will also file an appearance. Or, the other party may proceed, pro se (without legal representation). When the Court receives filings, motions, or is sending out Orders, they will send this paperwork to ...
October 25, 2012CD
Sometimes, a civil or criminal case may seem like litigation is taking longer than expected. There are often motions to continue to reschedule (called Motions to Continue) on the part of each party, joint motions by both parties, and sometimes even by the trial court because of a conflict or another case must be heard first or takes longer than expected. A date set for a final hearing in a divorce may be postponed because parties need to mediate or there needs to be a preliminary hearing first. Unlike civil cases, however, criminal cases can be requested to be speedy, as ...
October 9, 2012CD