Custody Pretrial Statement Example

Once the lawyers have submitted their opening statements, a party will present their evidence, including the testimony of their witnesses and the exhibits that the court should consider when deciding on the issues in dispute. Once counsel for the first party has completed the examination of each witness, the other party has the opportunity to cross-examine the witness who has just completed his or her testimony. On the Maricopa Superior Court website, there are self-service forms that you can use as a pre-trial procedure. While these forms are useful, they limit what you can include because spaces are so limited. If you use the self-service forms, feel free to continue writing on a separate sheet of paper and attach it to the pre-litigation statement. If you are not using the self-service forms, you must include your contact information at the top of the sheet, including your address and phone number. The pre-trial statement is an important document that is filed before obtaining evidence or a trial. When the family court schedules a hearing, its entry in the diary usually contains detailed instructions and a deadline, usually five days before the hearing. If a litigant fails to file their pre-trial statement in a timely manner or makes other procedural errors, this can have a negative impact on the outcome of the case and even expose litigants to sanctions.

This section should contain the contentious facts and the issues that the parties wish to have resolved by the family court. This is the section for arguments in which the parties try to convince the judge to rule in their favour. Although it may seem obvious, it is useful to refer to the supervisory authority – jurisprudence, law or rule – to support your positions. If you don`t use a form, be sure to provide the solution you propose to resolve any contentious issues. For example, if parenting time is disputed, be sure to suggest the parenting plan or parenting time conditions that you want the family court to adopt as a court order. It`s important to include any contentious issues and relief you`re looking for. Failure to register a problem can have serious consequences, para. B example if this problem is completely excluded from the study. The lawyer writing the trial letter will review the legal factors of child custody and explain how these factors support the client`s position. The treatment order is due seven days before the process.

These laws also state the following relevant statement: “In granting custody, the court may consider only those facts that have a direct bearing on the welfare of the child.” If the court requires a joint statement before the trial, you should contact the other party or their lawyer to prepare for it. It can be almost impossible to get people to prepare a joint statement. If this is the case, be sure to file a separate statement for a preliminary ruling. You don`t want to be punished because someone wouldn`t work with you to prepare the statement. I understand that a court case can be an overwhelming experience if you`ve never had one before. I do my best to fully prepare you for what you can expect before, during and after the process so that there are no surprises. If you need more explanation on any part of the child custody court proceedings, I would be happy to guide you. If both parties are involved in a divorce agreement with children, they will not always agree when it comes to legal and/or physical custody. If the two parties cannot reach an agreement, the court will make the decision for them. To make the decision, the judge sets a time of day when the parties must appear in court and provide evidence (testimony and documents) on issues on which the parties cannot agree. All pre-litigation statements must be signed by the person filing the pre-litigation procedure: according to ARS 25-324, the mother must be responsible for paying all or part of the father`s attorney`s fees and expenses for taking inappropriate positions during this procedure.

After listing your views on the subject and your argument as to why the court should order the remedy you have sought, you will need to include a list of witnesses and exhibits. Everyone needs to know what evidence and exhibits are being used. For this reason, you should have already made the exhibits you want to use available to the other party. Please read the following example: I want to tell you about something that is closely related to one of the videos I`ve made over the past few weeks about notification. If you haven`t seen this video yet, go back and watch it. To summarize briefly in the video, I tell you that you must inform the other party of any claim you make in your case. In this context, I would like to refer to the pre-trial statement. Your pre-trial testimony is a statement to the judge in which you tell the judge what you are asking the court to do.

I can imagine that in different states and countries, different judges have different rules about what is required in your pre-trial statement. In Arizona, judges and rules require us to include information about the undisputed issues. This means issues on which the parties do not necessarily agree. These are issues on which the parties could indeed agree. First, be sure to follow the instructions for the minute entered (the document you received in the mail from the court). The test settings log entry tells you that you need to prepare a harmful statement and gives you details about what you need to include. Pre-litigation statements are required under Rule 76 of the Arizona Family Law Rules of Procedure. To make the decision, the court listens to the testimonies for each page and also reviews the exhibits that each party makes available to the court for review. .