What Should I Expect at Trial?

This Week’s Blog by Nicole M. DiGiose., a Westport and Greenwich lawyer at Broder & Orland LLC.

Will my Case go to Trial?

Divorce trials are rare in Connecticut. However, in the event the parties are unable to reach a settlement as to either or both parenting and financial issues, the disputed issues will be submitted to the Court for determination after a trial.

When will my Case be Ready for Trial?

Typically, a case will be ready for trial after all discovery has been exchanged and reviewed, depositions have been completed, and, if applicable, any and all experts have completed their evaluations and reports.

How do I Prepare for Trial?

Prior to trial, you will meet with your attorney to go over your testimony and how to testify. It is important that you provide a marital history in advance of trial so that your attorney has all of the relevant factual information involving your marriage and can prepare an outline of important topics to be covered. Although your attorney will have reviewed all discovery and depositions in advance, it is important for you to review those documents as well.

How Do I Testify?

When you are called as a witness, you will take the witness stand and be sworn in by the Clerk. This involves an affirmative response that you will tell the truth while testifying. You will then be asked questions by both attorneys. It is imperative that you listen to the question being asked of you and that you answer only that question. Unresponsive answers may be stricken from the record. It is also important that you wait until the question is completed. The Court Monitor takes down everything that is said during a trial, so no one should talk over another person. If you hear the word “objection,” you should wait to answer until the Judge has made his or her ruling on the objection.

 Do any Documents need to be Submitted Prior to Trial?

Yes. Ten days before a trial, the following documents must be submitted to the Court: Proposed Orders, which may include a Proposed Parenting Plan if custody and parenting issues have not been resolved, a Financial Affidavit, a list of any outstanding Motions to be heard, as well as a list of potential exhibits and witnesses. If child support is at issue, a Child Support Guidelines Worksheet must also be submitted.

Who Will Testify at Trial?

 Both parties will testify. If there are outstanding parenting issues and a Guardian Ad Litem has been appointed, he or she will testify as to his or her recommendation and the basis thereof. In some cases, there may be additional third-party witnesses, such as expert witnesses or fact witnesses. Common examples of expert witnesses include business evaluators, custody evaluators, and real estate appraisers.

What Actually Happens at Trial?

 The Plaintiff will go first. He or she will call witnesses to testify and introduce relevant exhibits during the examination of each witness. The Defendant will have the opportunity to cross-examine the Plaintiff’s witnesses. Once the Plaintiff has completed its case-in-chief, the Defendant will present its case by following the same process as the Plaintiff. The Guardian Ad Litem, if applicable, typically testify after both sides have completed their cases-in-chief.

When Will I Receive a Decision?

Judges in Connecticut have 120 days to render their decision. The Judge may issue his or her decision before the expiration of the 120-day timeframe, or may ask for an extension, if necessary.

Is my Trial Public?

Generally, yes. Any member of the public may sit in the gallery during a trial. On rare occasions, the Courtroom may be closed.

Can I Order a Transcript of My Divorce Proceedings?

Yes. The Court Monitor takes down everything that is said during a trial.

In the event your case goes to trial, the attorneys at Broder & Orland LLC will ensure that your case is ready and that you are absolutely prepared. While testifying can be stressful, we make sure you are as comfortable as possible during your trial.