Solution: Learn about trial fundamentals and how to present your case in this chapter.

Trial — How to Present Your Case to the Judge

The trial is the time to present your witnesses. It is not enough to bring letters or declarations from other people. If you want the court to know what they have to say, you need to bring the people to the trial.

Unfortunately, at the time and date set for trial, it some­times happens that there is no courtroom available for the case, and it is necessary to wait anywhere from an hour to several weeks or even months for a courtroom. You need to be prepared to begin immediately on the time and date set for trial, but you also need to be prepared for the possibility that your case will be continued.

On the day before trial, you can phone the clerk in the courtroom to which your case is assigned, or phone the calendar clerk, and ask whether cases set for trial are actually getting courtrooms. They may sigh and say, "Nothing is getting out." Or they may indicate they are not sure. Of course, you can never rely on a clerk telling you that there will not be a courtroom, but it is some indication.

You could ask your witnesses to be on phone-call standby so they do not waste their time coming to court when there is no trial. If you do this, however, you have to be prepared to phone them the instant you are assigned to a courtroom so they will be present.

At a divorce trial in most cases only the husband and wife testify, although you are entitled to present any witnesses to the court who have relevant information. If custody/visitation is disagreed upon, the court's evaluator may testify, and either party can present an opposing expert. If the value of property is disagreed on, experts such as realtors for houses, actuaries for pensions, and accountants for businesses testify regarding values. Anyone with relevant information, including a child, may testify, but a judge may refuse to permit a child to be involved.

At the trial first the petitioner (the one who began the divorce) presents his/her evidence. As each witness finishes his/her testimony, the other party or lawyer will be allowed to question or "cross-examine" that witness. Once all of the petitioner's evidence has been presented, then the respondent will be permitted to present all of his/her evidence with cross-examination by the petitioner or the petitioner's attorney

Because each case is different, of course, this website cannot tell you what you must say at trial.

Generally, you cannot present a letter or a declaration at trial in place of live testimony. You could present a bill to show the amount of the bill, but you cannot present letters. Not even a declaration under penalty of perjury will be allowed. If the other party tries to submit letters or declarations, you need to object that they are hearsay. However, there are many excep­tions to this rule, and the court may accept certain types of hearsay. DOCTOR, HOSPITAL, POLICE.

Sometimes you may agree on some of the facts such as the value of the house and only disagree, for example, as to whether it should be sold or whether one party should be allowed to continue living in the home. If that happens, you explain in open court that both parties agree on the value of the home, and you state what that value is, with both parties stating their agreement to it. Then you proceed to present evidence as to the issues on which there is no agreement, which, in this example, is what should be done with the family home.

In most states a divorce trial there is no jury. The judge makes all the decisions

Sometimes when your case is called for trial, the judge will ask you whether you will accept a judge pro tempore. We lawyers never say "yes" to that question without knowing who the specific judge pro tempore is and making sure that he/she is a fair-minded person. It is difficult for you as a non-lawyer to know this about the judge pro tempore. This is one of the benefits of having a lawyer. If you do not have a lawyer, you will have to make the decision blindly whether to accept or reject the judge pro tempore. Rejecting that alternative may result in delay to your trial.

While you may ask your spouse questions at trial, you do not want to argue with your spouse in front of the judge. Arguing will only make both of you look bad. You need to address your comments to the judge, not to your spouse, unless it is your turn to question your spouse.

For each document you wish to present to the court, you should have an original plus two copies, and the copies should be paper clipped to the original. You ask the court clerk to mark the original as an exhibit, and you give a copy to the other party or other attorney. You keep a copy for yourself. Then you or some other witness testifies about the document. Finally, you say, "I'd like to move this exhibit into evidence." Unless an exhibit is "in evidence," the judge cannot consider it.

If your trial lasts more than one half day, the court clerk may require you to pay for the use of the courtroom. Bring your checkbook so you can write a check for this expense if necessary.

The judge may verbally announce the decision at the end of the trial, or the judge may "take the matter under submis­sion." When the court takes the matter under submission, this means that the judge is going to think about the decision for a while and may do some legal research on the issues; he/she will issue a written decision later. The judge is required to decide the case within ninety days after the end of the trial.

After you are informed of the decision, it is your responsi­bility to prepare the Judgment and obtain the judge's signature on the Judgment.

If your trial was heard by a judge pro tempore, you must obtain the signature of that specific person on the Judgment. It cannot just be submitted to the court for signature. It must be mailed to the office of the judge pro tempore with a letter requesting him/her to sign it. You should also send the judge pro tempore a return envelope to send the Judgment back to you so you can later file the original with the court.

You prepare the Judgment as indicated below, beginning on pages 216, just as when there has been a default or uncontested hearing. However, you add a block of writing on the last page that says:

Before the judge will sign the Judgment, you must obtain the signature of the attorney for the other party on it, just as explained on pages 10-11 regarding the Findings and Order After Hearing above. Disagreements as to wording are re­solved as in the section on Order After Hearing above, begin­ning on page 11.

Once the other party or his/her attorney has signed the Judgment, you proceed with Notice of Entry of Judgment and envelopes as indicated below beginning on page 216.