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psychological examination (particularly if custody is at issue or you claim you need support because you have psychological problems). |
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A judge need not be involved in discovery if the lawyers agree on a schedule and stick to it, and agree on what is to be disclosed. However, if one side doesn't agree on what is to be disclosed, then the decision will rest with the judge. |
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Your Day in Court: The Trial |
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Judges generally try to help you resolve your case before the trial date, but that is often simply impossible. If, after months and even years of negotiations, conferences, and motions, you and your spouse or ex-spouse still have not reached an agreement, your last recourse is to have a trial. The trial gives the judge the opportunity to hear both parties' wish lists, substantiated by volumes of documents, possibly witnesses, and any other information the contenders think will persuade the judge in their favor. |
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After the judge has pondered all this, she will make her decision. Because the judge has heard all the evidence and witnesses, a decision made after a trial is taken very seriously by the powers that be. This decision should put an end to conferences called for modifying temporary orders or changes in visitation schedules. Everyone has spent a lot of time, money, and effort at the trial, and asking for subsequent modification may not do you much good. |
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What to Expect at Your Trial |
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Your trial will be very much like those you've seen on television and in the movies. |
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If you are the plaintiff, or petitioner, the spouse who started the action, your lawyer presents your case first. He will probably call you to the witness stand, where you will be sworn in and asked to take a seat. After your lawyer has finished asking you questions (direct examination), your spouse's lawyer has the opportunity to ask you questions (your cross-examination). Your lawyer has the right to object to improper questions, so give her time to do that before answering. It's also a good idea to take a moment before you answer to collect your thoughts. |
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After the cross-examination, your lawyer can ask you questions againmaybe your spouse's lawyer interrupted you while you were trying to explain something. Your lawyer can now give you the chance to present your explanation (your re-direct examination). |
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After your re-direct examination, there can be a re-cross-examination. The questioning can go back and forth for as long as the judge will allow it. When there are no more questions for you, your lawyer can call a witness to the stand on your behalf, and the whole process starts all over again. |
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