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Best Face Forward: How to Be a Winner When You Meet Your Judge |
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Given the fact that your judge may be determining your fate and, if you have children, theirs too, making a good impression is vital. To make sure that you score points with this powerful figure, study the following helpful tips: |
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1. Avoid gesticulating wildly with your hands. The judge may not remember the issue raised in the conference, but if you make a spectacle of yourself, he might well remember that! Sometimes it's hard to maintain control when you know your spouse is lying, but you have to do it. |
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2. If your lawyer is present, it's best that you follow accepted courtroom protocol and not speak at all unless your lawyer instructs you to do so or the judge asks you a question directly. If you think your lawyer is missing an issue (or the boat), nudge her gently and ask if you can speak to her for a minute. You can also write a note and push it over to your lawyer. |
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3. Remember, don't overreact. |
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Going Through the Motions |
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Sometimes you will not be able to resolve pre-trial conflicts in conferences, and your attorney will have to make a request in writing (a motion). If you want to obtain immediate, temporary support until the trial commences; temporary custody of the children; a visitation schedule; lawyer's fees; expert's fees; or any other temporary relief, written motionsthough far more costly to the client than conferencesare the way to go. |
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Motion practice is like a tennis game, except paperworkinstead of a ballflies back and forth. Say your spouse has stopped paying the mortgage on the marital residence. He has moved out, and he thinks you should pay for it because you're living there, but you don't want to use up your limited savings. It's been four months since he last paid the mortgage, and you're getting nasty letters from the bank. What to do? |
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Your lawyer will probably draft a motion asking the judge to immediately order your spouse to pay the back due mortgage and continue to make monthly payments. The motion will include your sworn statement, explaining that the mortgage has not been paid. Your lawyer will probably include the bank letters you've received as exhibits for the judge to see. Once your paperwork is completed, your lawyer sends a copy of the papers to your spouse's lawyer before giving the paper (motion, in legal terms) to the judge. |
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Your spouse's lawyer then has the chance to answer your paper. She will draft a sworn statement for your spouse to sign, opposing your motion. Maybe your husband will say |
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