Some people get nervous when they have to attend a hearing. Relax, just keep these simple rules in mind and everything will go smooth.
When you are in the courtroom, you want to act appropriately and
avoid angering the judge. If you make the judge mad, he or she will
remember it, and you don’t want that hanging over you.
Some tips:
-Dress appropriately, like you’re going to a wedding or church. You can wear jeans, but if you’re dressed nicely, the court will take you more seriously.
-Don’t interrupt anyone. Wait for a break to request to be heard if you feel you’re being ignored.
-Treat everyone with courtesy and respect, even if you don’t think
they deserve it. This includes bailiffs, court clerks and assistants, and the opposing attorney or party.
-Don’t get mad, or at least if you do, try to continue to act with
courtesy and respect. When you get mad, you lose your perspective, you
say things you don’t mean, and you’re likely to get in trouble in one
way or another. The depth of your feeling or anger will not win you any
points with anyone. Sometimes in Family Court the judge or the opposing side will try to bait you into loosing your temper especially if the other party alleges that you have anger management issues. Don't give them the satisfaction by proving them right. Maintain your cool at all times.
-Thank the judge before you leave, regardless of the outcome. You never know you may have to appear before this very same judge sometime in the future.
For more information call Discount Divorce & Bankruptcy for a FREE consultation.
The
experienced family and bankruptcy document prepares at Discount Divorce
assists clients throughout Arizona, including the cities of Ahwatukee,
Anthem, Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City,
Camp Verde, Casa, Cottonwood, Douglas, Eloy, Grande, Carefree, Cave
Creek, Chandler, El Mirage, Flagstaff, Florence, Fountain Hills, Gila
Bend, Gilbert, Glendale, Globe, Goodyear, Gudalupe, Kingman, Lake Havasu
City, Litchfield Park, Marana, Maricopa, Mesa, Nogales, Oro Valley,
Paradise Valley, Payson, Peoria, Phoenix, Prescott, Prescott Valley,
Queen Creek, Safford, San Luis, Scottsdale, Sierra Vista, South Tucson,
Snow Flake, Sun City, Sun City West, Surprise, Tempe, Tolleson, Tucson,
Waddell, Wickenburg, Winslow, Youngtown and Yuma.
Visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.
Email: DiscountDivorce@msn.com
As always you
should seek legal advice for specific issues like the one above before
coming to Discount Divorce to have your documents done and processed so
that your legal rights may be protected.
Showing posts with label trial. Show all posts
Showing posts with label trial. Show all posts
Tuesday, February 19, 2013
Tuesday, January 31, 2012
What Are My Chances If I Go To Trail?

What are my chances of winning at trial? I have many clients ask me that question. I like what James J. Gross an attorney tells his clients. He quotes Hans Solo and then gives a list of obstacles that demonstrates why it is hard to answer that question intelligently.
“Never tell me the odds, Kid.” That’s what Hans Solo said to Luke Skywalker just before they flew through the asteroids in Star Wars.
First, the Code of Professional Responsibility prohibits me from giving you percentages, because each case is unique with its own set of facts.
Second, the judge weighs the testimony and credibility of the witnesses, and there is no lie detector at the bench.
Third, the judge doesn’t always get it right.
Fourth, you might win or you might lose, or it might be something in the middle. Usually there is a least one thing in the judge’s decision to feel bad about.
Fifth, my crystal ball is cloudy.
Sixth, two judges trying the same set of facts, will give different opinions.
Seventh, judges have their own filters, feelings, history and perceptions. Did the judge have an absent father and nurturing mother? Is the judge divorced and mad about having to pay alimony? Did the judge have a good breakfast or an argument with their spouse on the morning of your trial?
So your chances of winning? It all depends.
Tuesday, January 24, 2012
Tips for Self Representation in Court: The Objection

By: Susan Minsberg
The purpose of a deposition is to gather information, not to show off. The permissible scope of discovery is whether the information you are seeking is reasonably calculated to lead to the discovery of admissible evidence. The standard is not whether it will be admissible. Rather,can it lead to admissible evidence?
• Irrelevant. If the question may lead to admissible evidence, it is proper. If the question is so far afield, a relevance objection may be warranted.
• Hearsay. While a hearsay objection is appropriate at trial, it is not appropriate in a deposition.
For example, if you ask the deponent, “What did Jane tell you?” the answer can lead to the discovery of admissible evidence. You can determine based on the answer whether you should take Jane’s deposition and you can then ask Jane directly.
If Jane’s testimony is important, you can call Jane as a witness to testify at trial.
• Assumes facts not in evidence. Since this is not a trial, it is okay to assume facts that are not in evidence.
• Calls for an opinion. You do not need to lay foundation to determine whether the deponent is qualified to give an opinion. It is appropriate to ask for an opinion and how he or she arrived at that opinion. Those answers can lead to discoverable evidence.
• Speaking and coaching objections. The lawyer defending the deposition is not supposed to be testifying. Nor should the lawyer coach the deponent with objections.
Objections should be stated succinctly in a non-argumentative and non-suggestive manner.
Privilege. This is the big one. It must be made or it is waived. This covers any privilege such as attorney-client and physician-client. You can ask, “When you spoke with your lawyer about this case, was anyone else in the room? Who?” Based on the answer, the privilege may have been waived. Privilege is the one rare case in which a deponent should be instructed to refuse to answer.
• Form of the question. This objection is usually asserted to make a clear record. For example, if the question is compound and the person answers yes, what portion of the question are they agreeing with? A form objection should also be made to a confusing question, as well as a question that calls for the witness to speculate. Form questions are waived if they are not made during the deposition.
• Mischaracterizes earlier testimony. This is also to make sure there is a clear
record.
• Asked and answered. This is a useful objection to make sure that your client doesn’t give a different answer than was given a few hours earlier. If you don’t make the objection and your client does provide differing information, your client has obviously lost credibility.
• Harassment. If the deponent is being harassed or bullied, object. If that behavior continues, state on the record that if the specified conduct continues, you will terminate the deposition. Make sure the record will be clear to an outsider (i.e. the judge) that the witness was being harassed.
For more information visit DiscountDivorcePro.com
Labels:
arizona divorce,
deposition,
exhibits,
objections,
trial,
witnesses
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