Many people in Indiana have a general idea of what it means to appeal a decision. The popularity of legal TV shows, true crime shows streamed to our laptops and tablets, and news stories about the reversal of criminal convictions based on DNA evidence or a new United States Supreme Court case all touch on the idea of an “appeal.” But what does an “appeal” really mean, and what can you do to set yourself up for success if you find yourself having to appeal a decision from a trial court?1 These questions are addressed in this blog post. An appeal ...
March 8, 2019CD
Divorce is often the best of times and the worst of times - all at the same time. The decision to move on in life from a worn-out relationship is hard-to-impossible to make, particularly where there are children involved. The “unknowns” and “uncertainty” are what hold many people back. On the other hand, life is short and taking steps to move to a new future when a marriage cannot be repaired is at the same time, liberating to exciting for many litigants. This blog post provides three practical, common-sense tips most litigants never think of in this context, but which ...
March 13, 2018CD
Once the divorce process is initiated, often times understandably, the parties want to be finished with the process, and each other and move on in life, as quickly as possible. Divorce attorneys sometimes hear the party request a speedy trial. The “Speedy Trial” rule applies to criminal cases. Ultimately, there are several variables that affect how long it takes for the divorce process to be finalized. Below are three (3) key reasons your divorce may require some patience that is required by the Divorce Act or need to properly divide the marital estate, which may make the divorce well, less speedy: 1. ...
September 7, 2017CD
Depositions are one of several tools available to parties to obtain information from the opposing party to prepare for trial. When a deposition is set, it is sometimes a great source of stress for the deponent. In fact, most depositions are straight forward. This blog covers some key aspects of depositions to aid readers in understanding the process and to be a better deponent. At the outset of each deposition, a court reporter who will swear the deponent and record word-for-word his or her statement has everyone in the deposition introduce themselves for identification purposes. This is usually followed by the ...
January 19, 2017Adam Hayes
Law, trial process, and litigation is highly evolved by rules, cases, and statutes to allow trial court judges to receive the most accurate and relevant evidence, subject to tests of veracity, to make a fair and impartial decision. Often these technical rules provide confusion to divorce and custody litigants. This blog post explores the three most common evidentiary rules for these types of matters. The first is hearsay. Other than what one party said to another party, as both are in the courtroom to testify if accurate, one party cannot say what he or she has been told by a third ...
September 20, 2016Adam Hayes
What They Are and Why They Matter to You Everyone that has been divorced, ended a relationship, or has had any contact with a divorcing person knows divorces are difficult to impossible for several reasons. At the most basic level, a divorce reflects love and hate and conflict and uncertainty for the future. This blog post explores the most common dynamics in divorce so you can identify it and be aware of such in your divorce or that of a friend, family member or for general educational purposes. The key dynamic controls how the case will unfold: emotional, financial and/or legal. In most ...
April 20, 2016Adam Hayes
The mediation process is confidential, and a mediator can only report to the court whether the parties settle, providing the agreement or did not settle. The parties and litigants also cannot relay anything they learn in mediation during the litigation process. However, even with these limitations, a failed mediation is usually very helpful to the parties in moving forward in four ways. First, a party learns about the case and how it is viewed by the other side in weaknesses (and inferentially in strengths) through the process. This may provide insights to later settle or resolve some issues before court. Second, where ...
February 23, 2016Adam Hayes
Just a few short years ago, civil litigants had two basic choices to resolve their disputes. The first was to find a way to settle the matter between counsels and themselves or go to trial. Then mediation started to “catch on.” This is where a neutral party but not a judge, who is usually experienced in the issue at hand, tries at the direction of the court to help the parties reach an agreement themselves with their counsels’ assistance. Later, the Indiana Supreme Court approved mandatory mediation before trial and found it was with a trial court’s authority to so order ...
February 17, 2016Adam Hayes
In our mobile society, people relocate for work or move much more frequently than in the past. When new to the State, sometimes it coincides or hastens a rock marriage to divorce. This often presents us with questions about what it takes to file for divorce. There are four major requirements or considerations. The first is that one of the parties lives in the State for at least six months and the county for three months. Where this is not the case, a divorce filing is unavailable to that party, at least until the time passes for this connection to Indiana. ...
January 12, 2016Adam Hayes
Divorce is the best of times and the worst of times for most people (parties, friends, and family) all at the same time. It is difficult to manage the day-to-day events and divorce process itself and work or do the events of daily life with the future unknown. In some respects, it is also positive for many people because it signals a life change. Over the course of years, we have observed five critical mistakes parties make that negatively impact their life during and after the divorce. Try to avoid them. Perhaps talk with your attorney about these matters. The time ...
November 17, 2015Adam Hayes