Testimony and Evidence in Family Court

From JD Supra:

Trials in divorce and family law matters can take place in some cases. Many divorce and family law cases settle outside of court. However, for the cases that do not, trial testimony and evidence can have a big impact on the result of the case. During testimony and presentation of evidence, lawyers can object to testimony or the attempted admission of evidence. Sometimes, courts rule on these objections are rule in pre-trial motions. In other cases, the court has to make a ruling during trial on the presentation of testimony or evidence.

If a lawyer does not object at trial, the reality is that they are likely waiving any objections they may have had on behalf of their client. Thus, it is vital for a lawyer to get out of their seat, stand up and object when necessary. Some lawyers keep a list of all objections at the counsel table in case to make sure they are not forgetting an appropriate objection because the time to object can come and pass quickly.

Lawyers may also file pre-trial motions to keep evidence out at trial. A common pre-trial motion to keep evidence out is called a motion in limine. Evidentiary pre-trial motions are usually filed weeks or at least days before trial to allow for planning accordingly. Pre-trial memorandum and conferences are also an excellent way for lawyers to preclude evidence before trial.

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