Preparing for Trial & Testifying in Court Tips

What to Expect at Trial

Once discovery is complete and our negotiation attempts have been exhausted, your case will proceed to trial. In Arizona, divorce trials don’t have a jury. Your assigned judge decides everything and and all of the remaining issues in your case. This type of trial is called a “Bench Trial.” During the trial, the judge will listen to witness testimony and review the exhibits or documents that are admitted during the trial. Using that information, they will make their decision. Most matters are taken “under advisement” and we receive a written ruling. It can take up to 60 days for the Judge to issue their ruling.

Here’s what happens in a trial:

1. Petitioner Goes First: The Petitioner (the person who initially started the case) presents their evidence first. This is called direct evidence or direct examination.” For each witness the Petitioner’s attorney asks questions first and the opposing attorney has the ability to “cross-examine” the witness. The original attorney has the final chance to ask questions on “redirect.”
2. Respondent’s Turn: Once the Petitioner is done presenting all of their witnesses and exhibits, the Respondent presents their evidence in the same way. The goal for each side is to prove to the judge that their version of the facts is more likely to be true than the other side’s.
3. Closing Arguments and Decision: After all the evidence is presented, the judge might ask for closing arguments. Your attorney may ask to submit a written closing statement or there may be no closing statement at all. Family Court is a truncated version of a trial. If the judge does not “rule from the bench” we will receive a written ruling as described above.

How Can You Prepare for Trial

Going to trial can be stressful and intimidating, but there are several things you can do to be ready and confident:

1. Know Your Case: Make sure you’re familiar with the key facts, documents, and legal arguments in your case. Make sure you understand your attorney’s legal strategy. Ask yourself and your attorney “What must the judge believe to give me what I am asking for?” Go over any evidence that you or the other side will present and understand how it impacts that question.
2. Get Organized: Have all your documents, evidence, and exhibits organized and accessible. A clear timeline of key events can also help keep your testimony focused.
3. Work with Your Lawyer: Develop a strategy with your legal team for how to present your case. Practice your testimony in advance so you feel more comfortable.
4. Learn Court Procedures: Know what to expect in the courtroom, like when to present evidence and how to address the judge.
5. Prepare for Cross-Examination: Think about what questions you might be asked by the other side and practice answering them clearly and calmly.

Testifying Tips: How to Handle Yourself on the Stand

Testifying in court is a big responsibility, and how you present yourself can make a difference. Here are some important tips:

1. Be Honest: Always tell the truth. If you try to bend the truth or avoid answering, it will hurt your credibility. Judges appreciate witnesses who are truthful, even if their testimony isn’t perfect.
2. Listen Carefully: Don’t rush to answer questions. Wait until the whole question is asked before you respond. This will help you avoid answering something you didn’t mean to.
3. Answer the Question: Only answer what’s being asked—don’t offer extra information. If you feel like you need to explain a difficult answer, your attorney can help with that during re-direct.
4. Take Your Time: Don’t feel like you have to answer quickly. Think before you speak to make sure your answer is clear and accurate.
5. Don’t Guess: If you don’t know something or don’t remember, it’s okay to say that. Guessing can make you look unreliable and could hurt your case.
6. Ask for Clarification: If you don’t understand a question, ask for it to be repeated or explained. Don’t try to answer something you don’t fully understand. If you don’t understand the question, you may ask the attorney to “repeat or rephrase” the question.
7. Stay Calm: Cross-examination can be stressful, but it’s important to stay calm and not let your emotions get the best of you. Keep your cool, even if the other lawyer seems confrontational.
8. Don’t Argue: Don’t fight with the lawyer asking the questions. It’s important to stay respectful and cooperative, even if you don’t like the questions.
9. Be Consistent: Make sure your testimony matches any previous statements you’ve made. Inconsistencies can make you look dishonest.
10. Try to Relax: This might seem hard, but witnesses who stay calm and relaxed do better than those who get flustered. The more prepared you are, the more confident you’ll feel when testifying.