As I touched upon in last week’s post, "The Types of Trials You Can Have," what happens at trial depends a bit on the type of family law trial you have.

The legal purpose of a trial is for a judge to get information and make decisions about the legal issues in your case and turn those decisions into a legally binding judgment.

Those legal issues could include:

• Parenting- parentage (if not established) custody, parenting time and child support
• Spousal support
• Property division
• Debt assignment
• Grant a dissolution of marriage or domestic relationship (for married couples and domestic partners)

Your goal at trial is to convince the judge of your view of facts, to get the judge to give you what you are asking for in your case. To do that, the judge has to decide what version of the facts s/he believes, and then apply Oregon law to those facts to come up with a lawful decision.

Family law is not as clear cut as other areas of law (such as the criminal law). Judges have leeway in how they apply the law, which often includes lists of factors to guide them as they decide your case.

How you spend the time during your trial depends on a number of factors.

If you’re doing a traditional trial with lawyers, it is going to be a lot of time sitting at a table listening. Lots of listening to:

• your lawyer if you have one (lawyers in the case make arguments and ask questions and make objections)
• witnesses answering questions
• the judge – both as s/he decides procedural questions during the trial and when s/he makes their decision (or “ruling) at the end of the trial (or weeks after in a letter).

If you don’t have lawyers, you’ll be doing a lot of talking and you can add listening to your spouse/co-parent/or domestic partner (which I’ll shorthand as “partner” even though that is likely soon to be “ex” partner) as they do a lot of talking.

If you don’t have lawyers and/or opt for an informal trial, your trial will be more of a conversation between you/your partner and the judge.

Listening is hard. It’s hard to sit quietly when you disagree with what’s being said (which is likely the case or you wouldn’t be having a trial). It’s even hard to pay close attention. But it’s really important you do. Listen carefully and take note (and notes) of what’s being said. You’ll have your turn, so you need to know what you have to prove or disprove from your partner’s case as well as what you planned to prove in your case. It’s likely you’ll also be a witness.

Traditional Trials are run using a set of rules – several sets actually.

These include:

• the evidence code
• the rules of procedure
• the uniform trial court rules
• any local rules (which vary by county)
• there may also be agreements between the judges in your county called “Consensus Agreements” that will apply to your trial.

If you are using a traditional trial (as opposed to arbitration or an informal trial) this structure and rules apply whether or not you have lawyers. Most judges understand that people representing themselves aren’t lawyers and so tend to cut them slack. Nevertheless, the rules exist and you’re expected to follow them.

If you are doing an informal trial, the presentation part is a lot shorter as there usually aren’t witnesses – it’s just you and your partner talking with the judge. And because the evidence code doesn’t apply, you don’t spend a lot of time on a process called “authentication” and introduction of evidence into the record.

At the most basic level, trials follow a three part structure:

• An introduction ( “opening statement”)
• Presentation of evidence (“Petitioner’s case in chief,” “Respondent’s case” and “rebuttal”)
• Conclusion (closing argument)

The Parts of a Trial

To review and expand on what I covered last week,

• Opening statements
  
  Here, each side gives the judge the short version of the story of the case in the form of a story of the basic facts and what each side is asking for as their outcome. It may also give the judge a preview of the who the witnesses will be and what the “evidence” is going to prove.
  
  Remember, it’s a story not an argument.
  
  
• Presentation of factual “evidence” through two main ways:
  
  
  • Questioning of Witnesses about facts in the case. This can be about the parties, their children, their property and their finances. Witnesses can be specialists (such as accountants or property appraisers) or people without any special training who are know about you, your partner, your finances or your children; anyone who has information about your family. Witnesses are questioned by the side who calls them to testify (meaning they are answering questions under oath). There are rules about the way the questions are asked designed to make information is accurate and reliable. The rules form what is called the “Evidence code.”
    
    
  • Presentation of Evidence (documents, photographs, recordings, etc.) are given to the judge for her or him to rely on in making their decisions. These are labeled as “exhibits” and there’s a formal process to “introduce” and “admit” them into the case (called the “Record”).
• Closing arguments
  
  In the closing arguments, each side summarizes the facts that help them prove their case, usually highlighting or reminding the judge about key exhibits and witness testimony. Each side can also make arguments about why the law supports their position and how the facts the judge has heard leads the judge to see the case their way.
  
  
• Judgment
  
  After the trial, the judge will decide what happens in the case and turn that decision into a legally binding agreement.

This is a lot. It’s a lot for a lawyer; it is a lot for your if you are representing yourself.  

Conclusion

The time you spend learning about trial will reduce your stress when/if the day comes for your trial. And of course, as I often suggest, watching a few trials will take more of the mystery out of this. 

In the next blog post, I will talk about ways you can prepare for trial.

The time you invest before your trial will pay off in the decision you get after trial. Finally, if you’re like many couples who spent months planning the one-day wedding, consider how much time you want to invest for the months and years that follow your day in court. 

How Rogue Family Law Can Help You Prepare for Trial

To get help preparing for your trial, here are the products and services we offer which can help you feel more informed, empowered, and supported to succeed: 

1. Learn about the Oregon Family Law process in a Legal Orientation.

We offer a LIVE Legal Orientation with Samantha (giving you a chance to ask questions) and an ON-DEMAND version that's been pre-recorded. Both offer you a guide, a customized workbook, video/written information, and important links to tools and resources. 

2. Prepare for specific topics with a hands-on Legal Workshop. 

We offer Legal Workshops on topics such as "Preparing for Court", "Discovery," and "Wrapping up Your Case." Learn more about the workshops here. 

3. Apply for 1:1 Legal Coaching/Consulting with Rogue Family Law founder Samantha D. Malloy.

We offer coaching calls in 15-minute, 30-minute, 45-minute, and 60-minute increments, all pay-as-you-go so you never get a surprise invoice or request for a new four-figure retainer. Instead, you'll get legal advice and coaching based on our decades of family law experience.

4. And of course, we offer Document Portal Workflows which help you create the documents you'll need to ask for a trial, discovery, and more.

Not sure which is right for you? Apply today to get the process started.