Who Would Testify In A Temporary Hearing?


The parties would always have to testify, if a lawyer did not call his client, then the other lawyer would surely just establish everything and make sure everybody understood what those orders would be. The parties and possible experts would be present at the hearing.

Children above 12 Years Old Can Also Testify

Children over the age of 12 would be able to testify without being asked questions, and for this, the judge would confer with the children in chambers, which is another way of referring to the judge’s office. Some judges might take the children back with the court reporter to ask questions, whereas some judges would just have the attorneys leave the courtroom.

They judge would assign a deputy at the court doors, just to tell people the judge was speaking to a child and to ask them to not enter.

It would be mandatory for the judge to speak to the children if they were 12 years old or over.

Some judges do not ask the big question, they just see if the child was comfortable with their surroundings and things of that nature, although the judge would surely engage the child if they offered their opinion. We have male and female judges, and their approach would generally be as different as could be expected based on their genders.

The parties and the children would be speaking to the judge and offering the testimony in a way that shielded them from cross-examination. All temporary hearings are only to the court, they would never be to a jury.

The Parties Could Attend These Hearings with Witnesses, Experts and Their Supporters

When the parties finally come to court, the court time would be used in the best possible way because other cases would also be going on the same day. Sometimes 15 to 20 cases might be set on the docket for that same day.

As far as who would show up for each individual case, we would get into a discovery issue unless it was something to do with paperwork. This would be another topic and in that case it would involve the parties themselves.

When the parties themselves get involved, the husband and wife, or mother and father would be present, and they would usually have some witnesses and attendants with them for support. They may bring along family friends, brothers, sisters, mothers, fathers to comfort them and give them strength to go through the process.

In the end though, it would just be the parties or maybe one or two witnesses who would actually get up on the witness stand to offer documents or to offer testimony.

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An Attorney Would Be a Great Help When Preparing For These Temporary Hearings

We go through the interview process with the client so we could find out as much as we could about who we were dealing with. Where they came from, what was their background, their support group in the area and whether they would have to fly in support.

At some point we would basically ask them what they were expecting out of this and what their goals were. An example would be a divorce where the parties were fighting to have assets, or to have cash to spend on new assets.

It could be a suit affecting a parent-child relationship where one party wanted to have the children with them and they had to determine where the children lived, or they had to make sure they received child and medical support for the children.

We would be able to tell our clients how to prepare once we identified their goals. For example, if they wanted the house, we would need to know how they were planning to pay for it. We would need financial records and we would need somebody, usually a family friend who could say these people could take care of these assets.

We could also use that family friend to say they had seen our client with their children and with children of similar age, they could say they trusted this individual and that the individual was loving and suitable.

We would try to draw a distinction between our client versus their soon-to-be-ex-spouse or the former lover of our client, to show that our client was a better option.

We would prepare by firstly identifying goals and then establishing a plan of action that would take us through the temporary hearing. After that, we would try to gauge what we would have to do, and what we would need to accomplish over the next several months.

We would give our clients tasks or homework to do so they could best prepare for their case by accumulating documents regarding checking accounts, bills, the copy of the mortgage, credit scores, credit histories which would all have to be collected, and then there would be an inventory of the home and pictures.

They would need to submit pictures for everything, including the children, pets the house, because the temporary hearing was over, they would start dividing assets, and in some cases things could never be photographed again because we would no longer have access to them.

What to Physically Bring Along To a Temporary Hearing

The parties should bring photos of their living environment and themselves with the children. These should not be posed photos, but photos of them living everyday lives. The next thing that would be an absolute must would be to have the financial documents to show what the person’s current status was, their ability to earn and the accumulation of all bills.

This would all be done in a written form and we would show the written documents if our client was the one paying child support. The court would expect to see all of these things, and we would also do a recommendation or a request for disposition of the issues. We would also present a wish list.

For more information on Handling the Temporary Hearing, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (254) 699-3755 today.

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