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
Over time, the nature and complexities of divorce have changed. In the 60s and 70s, for instance, before uniform acts were adopted by the states on custody jurisdiction, a parent wanting to obtain child custody simply went on “vacation” with the children to another state, filed divorce, and had custody decided in a more favorable place to their legal objectives. Laws, lawyers, judges, and legislatures have done a great deal to level the playing field for litigants. However, there are certain “no-nos” even today that almost always backfire and give the other party a tactical advantage in the litigation or a ...
April 18, 2017Adam Hayes
Time shares and boats bring many families a great amount of joy during the marriage. However, they sometimes bring back the memory of a divorced or failed relationship and most litigants do not want the timeshare. Upon divorce, time shares are often a great deal of contention in the property settlement because in most locations, they are slow to sell and have on-going dues associated with them. Typically, neither party wants the time share. This blog addresses three (of the other) ways to address time shares if that is the case. First, sale of timeshares at loss is a possibility. Most ...
November 22, 2016Adam Hayes
There is an old phrase, “Justice Delayed is Justice Denied.” This is generally viewed in the negative, such as when a defendant has been charged and incarcerated, addressed by the right to demand a speedy trial. Sometimes it takes a defendant or civil litigant a long time otherwise to obtain a trial. In most situations law is inherently slow because it addresses and unravels complex problems that often took a long time in the making. However, the Indiana Supreme Court is actively shortening the process for trial court filings and appeals by moving to electronic filing as of July 1, 2016 ...
July 28, 2016Adam Hayes
As a general rule, the final order of Indiana trial courts has the right to appeal. Most are taken to the Indiana Court of Appeals. A few appeals proceed directly to the Indiana Supreme Court. In this blog post, three types of matters that cannot normally be taken up on appeal are discussed as this creates significant confusion for some litigants. The first are interlocutory orders. During the trial process a judge may make dozens or hundreds of orders to move the trial along. Normally, these are not appealable because they are interlocutory (or not final) in nature. However, a trial ...
July 5, 2016Adam Hayes
In felony cases, the potential for incarceration and a felony disenfranchisement of core civil rights (to hold public office, sit on a jury, vote, and possess firearms) is in the balance. Many individuals who find themselves in this situation do not necessarily carefully pick their defense counsel. This blog covers three of several important considerations. The first is approach. Being under criminal charge is a burden which is why there is a right to a public and speedy trial. However, with complex legal and scientific matters involved in many criminal cases, this may not be prudent; a criminal case may pend ...
June 15, 2016Adam Hayes
Most marriages last at least a few years if divorce is in the cards. Most litigants see obtaining the divorce decree as about the final step in that hard process. However, to have the best chance of returning your life to the closest place it was pre-divorce, a great deal of work needs to occur post-divorce. First, make sure at the time of the divorce, key policies and protections don’t lapse like health insurance, auto insurance, and life insurance. Between changes of address and mail rerouting, this is easy and having an uncovered auto accident just makes healing from the divorce ...
May 31, 2016Adam Hayes
Our society is more mobile than ever, working from home to teleconferencing across the globe. This makes relocation by a custodial parent more likely now than at any time in the past. There are three keys that a custodial parents must establish in order to be allowed to relocate with the children. First, and perhaps most important, is that the relocation is made in good faith and for a legitimate reason. A job transfer, layoff, and work-related reasons are the most common and likely to be successful. What this means is the relocation’s central reason must be for the benefit and ...
December 2, 2015Adam Hayes
Most seasoned divorce attorneys observe common and avoidable mistakes parties make during divorce hearings (preliminary hearings or finals). Indiana has a strong and neutral judiciary. However, bad acts and these mistakes may factor into how a judges views a litigant as a parent. So try to avoid them. The first is something relatively new: wireless devices. Sitting in a courtroom and having your cell phone ring is a violation of most written local court rules. And it sends a signal (or can) to the court that something is more important to you than your hearing. Normally, a divorce has the ability ...
November 10, 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