What Happens at the Hearing or Trial
- Watching a hearing is the best preparation you can do.
- Wear neat and clean clothes to court.
- When the judge comes in, he or she will say "on record" and the in-court will swear you in.
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The moving party or plaintiff goes first:
- Opening Statement: what you want and how you are going to make your case - why the evidence supports your request.
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Moving party or plaintiff (or their attorney if represented) calls first witness:
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Direct Examination: ask open questions and have them tell a story.
- Tell me what happened on August 15.
- Please tell the court about my son's special needs.
- How do you think those are best met?
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Cross-examination: opposing party (or their attorney if represented) can ask leading questions - also called yes or no questions.
- Isn't it true that you have not seen our son for the last 2 years?
- Isn't it true that you sold X piece of marital property without my permission?
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Redirect: the party who did the direct examination can ask the witness questions after the cross-examination to fix or explain what the witness said. But the additional questions must be tied to what was said on cross-examination. Ask open questions again.
- On cross-examination, you just testified that you haven't seen your son in 2 years. Please explain why you haven't seen him.
- You just testified that you sold your car without the opposing party's permission, please explain why.
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Direct Examination: ask open questions and have them tell a story.
- Call second witness and any others you have.
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Objections: telling the court that you don't think something should be allowed in because it violates the Rules of Evidence, "I object!".
- People can only talk about what they know first hand.
- You have the right to cross-examine anyone who's words (whether written or spoken) are being considered.
- The testimony must be relevant.
- Opposing party or defendant goes next and goes through the same cycle of calling witnesses who give direct testimony, and are then cross-examined by the other party.
- Closing statements: restating what you want and how you've proved it.
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Judge makes the decision:
- "decision on the record," which means he or she will tell you then in court, or
- "take it under advisement," which means he or she will think about it and mail out a written decision later.
