Divorce/Family Law Trials in Tacoma and the Rest of Pierce County:
PREPARATION
Preparing for any family law trial in Pierce County is key. It is a process that requires careful planning and strategic preparation. The first crucial step is to consult with your attorney to review your case thoroughly. During this consultation, provide your attorney with all relevant information, documents, and evidence to help them assess the strengths and weaknesses of your case and develop a tailored strategy for trial. Your attorney will guide you through the legal process, explain your rights and options, and work with you to prepare for trial effectively.
Gathering evidence is a critical aspect of trial preparation. Collect all relevant documents, records, and evidence to support your claims, such as financial records, communications, witness statements, and photographs. Organize these materials systematically to facilitate easy access during trial. Additionally, identify and prepare any witnesses who may testify on your behalf. Discuss their testimony, review evidence with them, and conduct practice sessions to ensure they are prepared for direct examination and cross-examination in court. It is important that witnesses do not memorize their answers—memorized answers sound robotic, and the Court may think your witness is lying. It is best that witnesses know what to say when asked a question but not have it memorized to a T.
Part of trial preparation may include attending depositions, if they are conducted in your case, and reviewing discovery responses. Use this information to develop legal arguments and strategies to support your case. Anticipate potential counterarguments from the opposing party and prepare responses to address them effectively. Practice direct examination of your witnesses and cross-examination of the opposing party’s witnesses with your attorney to refine your questioning techniques and courtroom demeanor. Familiarize yourself with courtroom procedures, rules of evidence, and local court practices to ensure you are well-prepared for trial. Throughout the preparation process, remain open to the possibility of settlement negotiations and explore opportunities for resolving the case amicably outside of court. By following these steps and working closely with your attorney, you can prepare confidently for your family law trial in Washington.
TRIAL
In a family law trial in Washington, various proceedings and events typically occur to resolve the issues in dispute between the parties. Here’s an overview of what typically happens at a family law trial in Washington:
Pre-Trial Conference: Prior to the trial, the court may hold a pre-trial conference to discuss procedural matters, streamline the issues, and explore the possibility of settlement.
Opening Statements: The trial begins with opening statements from each party’s attorney, during which they outline the key issues in the case and preview the evidence they intend to present. If you are the Respondent, you can defer making your opening statement until after the other side has presented their case. NEVER do so. It is key to always give your opening statement at the beginning because judges are people and people remember the things they hear first most above all according to many psychological studies. Even if your opening statement is not perfect, (which any honest attorney will tell you they never are) it is still better to give it at the beginning of your case and not in the middle.
Presentation of Evidence: Each party has the opportunity to present evidence to support their case. This may include testimony from witnesses, documents, photographs, and other exhibits relevant to the issues in dispute.
Direct Examination and Cross-Examination:
Direct Examination
- Direct examination is a critical component of presenting a case in a family law trial in Washington. During this phase, the attorney aims to elicit testimony and evidence from their own witnesses to support their client’s case. The attorney begins by calling a witness to the stand and asking open-ended questions to allow the witness to provide narrative responses. The attorney should craft the questions to bring out the key facts and details that support the client’s position.
- The attorney most likely starts with establishing the witness’s credibility and qualifications, such as their relationship to the parties involved and their understanding of the relevant issues. The questions then progress to the specific details of the case, covering topics such as the history of the relationship, financial matters, child custody arrangements, or any other relevant issues in dispute. The attorney carefully guides the witness through their testimony, ensuring that each point aligns with the legal arguments and strategies developed for the case.
- It is important to point out any bad facts on direct examination and not hope that the other side will not address them on cross-examination. You want your witness to give their thoughts on any bad facts so that the Court hears it from your witness and not the other side first. Just like it was better to tell the truth to your parents when you did something wrong as a kid, the same applies to the Court.
- Throughout the direct examination, the attorney introduces exhibits, such as documents, photographs, or other tangible evidence, to further support the witness’s testimony. The attorney must adhere to the rules of evidence and ensure that the questions posed are clear, non-leading, and relevant to the issues at hand. The goal is to present a compelling narrative that reinforces the client’s position and provides a favorable perspective on the case.
- Direct examination requires a strategic approach to ensure that the testimony aligns with the legal strategy and effectively communicates the client’s position to the court. Attorneys often conduct practice sessions with their witnesses to refine the presentation, enhance clarity, and anticipate potential challenges during cross-examination by the opposing party. Overall, direct examination is a crucial opportunity for the attorney to build a strong case by presenting compelling evidence and testimony in a clear and organized manner.
Cross-Examination
- In Washington State family law trials, conducting cross-examination requires a strategic approach tailored to the specific circumstances of the case. Preparation is crucial, involving a thorough review of all relevant evidence, exhibits, and witness statements. Before cross-examining a witness, it’s essential to establish clear goals and objectives, identifying key points to highlight or undermine from the witness’s testimony.
- Cross-examination occurs after direct examination and the questions are largely based on the witness’s testimony in direct examination. The questions can also be based on other testimony the witness has given—such as in declarations for temporary orders, testimony in other court cases, statements signed by the witness, and other sources. The questions should be probing and designed to elicit favorable responses or expose weaknesses in the witness’s testimony. Unlike direct examination, cross-examination allows the use of leading questions, which can be employed strategically to control the witness’s responses and advance the attorney’s case.
- Throughout the process, attorneys must listen carefully to the witness’s answers, looking for inconsistencies, contradictions, or opportunities to impeach the witness’s credibility. Maintaining a professional demeanor and staying focused on relevant topics is essential, as is knowing when to stop cross-examination once objectives have been achieved. By employing effective cross-examination techniques and adapting strategies as needed, attorneys can effectively challenge opposing party witnesses and advocate for their clients’ interests in Washington State family law trials.
- Eliciting an angry response from a witness on the stand is typically a good thing for your case. However, an attorney needs to be careful that they themselves are calm and collected and not badgering the witness. An attorney must make sure they are asking the questions in a polite manner even if the witness is not answering the questions the way they want them to. Should a witness avoid the question, the attorney should politely ask the question again until the witness answers the question.
Objections: Throughout trial, an attorney can raise an objection about what the other attorney is arguing or what a witness testifies about. Objections should be used sparingly because when an attorney uses them, s/he is indicating to the judge that they are being hurt by what the other party is saying. Sometimes they are necessary but often times attorneys become trigger happy and use them too frequently—causing them to lose credibility with the judge. A lot of what is said by the other attorney or party is damaging for your case, but it is almost always better to fight it with testimony and exhibits than objections.
- Here’s a list of common objections raised during trials in Washington State family law cases, along with their definitions:
- Relevance: This objection is raised when the question or evidence being presented is not relevant to the issues in the case. Evidence must be directly related to the matters at hand to be admissible.
- Hearsay: Hearsay objection is made when a witness attempts to testify about statements made by others outside of court that are offered to prove the truth of the matter asserted. Generally, hearsay statements are not admissible unless they fall under certain exceptions.
- Leading Question: A leading question objection occurs when the questioning attorney asks a question that suggests the desired answer or puts words into the witness’s mouth. Leading questions are generally prohibited during direct examination but allowed during cross-examination.
- Speculation: Speculation objection is raised when a witness is asked to provide an opinion or make assumptions about matters outside their personal knowledge or expertise.
- Foundation: Foundation objection is made when the attorney fails to lay the proper foundation for introducing evidence, such as demonstrating its authenticity or relevance.
- Narrative: Narrative objection is raised when a witness begins to provide a lengthy or extraneous answer that goes beyond the scope of the question asked.
- Compound Question: Compound question objection is made when the attorney asks a question that contains multiple inquiries, making it difficult for the witness to respond accurately.
- Assumes Facts Not in Evidence: This objection is raised when a question assumes the existence of certain facts that have not been established through evidence presented at trial.
- Argumentative: Argumentative objection occurs when the attorney’s questioning becomes confrontational or attempts to argue with the witness rather than eliciting testimony.
- Asked and Answered: This objection is made when the attorney asks the same question repeatedly or when the witness has already provided a responsive answer.
- Privilege: Privilege objection is raised when a question seeks information that is protected by a recognized legal privilege, such as attorney-client privilege.
Closing Arguments: Following legal arguments, each party’s attorney delivers a closing argument summarizing the evidence and highlighting key points. Most often, the Judge has already made up their mind by closing argument. Closing arguments should, therefore, not be designed to win over the judge but to remind the judge of the evidence that weighs in an attorney’s favor and why it is more persuasive than the other party’s evidence.
Judgment or Decision: After considering all the evidence and arguments presented, the Court issues its judgment or decision on the disputed issues. This may be done orally or in a written order issued later. Sometimes it takes several weeks for the Court to give its verdict based on its schedule.
Post-Trial Motions: Either party may file post-trial motions, such as motions for reconsideration or new trial, to challenge the court’s decision or address procedural issues.
Entry of Final Orders: If the trial resolves all the issues in the case, the court enters final orders or a final decree of dissolution, which formally resolves the legal issues and may include provisions regarding custody, support, property division, and other matters.
APPEAL
Appealing a trial decision involves a meticulous process of identifying potential errors or legal grounds for appeal within the Court’s written order or judgment, filing a notice of appeal with the appropriate appellate court within 10 days of the final judgment or order, and preparing a written brief outlining the legal arguments and supporting evidence for the appeal while adhering to the court’s rules and requirements. Oral arguments may be presented before a panel of appellate judges, providing an opportunity to highlight key points and respond to inquiries. The appellate court reviews the trial record, considers legal arguments, and issues a written opinion, affirming, reversing, or remanding the trial court’s decision. Given the complexity and stringent requirements of the appellate process, seeking guidance from an experienced appellate attorney is advisable to navigate the process effectively and increase the chances of success.
