Soc, an opinion please.

[lissa68]

Melissa(lissa68)
Iowa District Court

Hubby Pro-Se
Ex represented by attorney

January 7, 2004 filed petition to modify custody and visitation.  Ex filed answer within 20 days.  Trial date was set for August 13, 2004.

In March, I filed a Order to Show Cause, Contempt Motion and an Amended Petition for Modification, due to childs schooling and other issues that came to light, that I did not know of when I first filed the modification.

Ex and attorney answered, and I had to reanswer on the order to show cause.
Not a problem.

Just found out that the Judge has ordered a trial July 13, 2004.  Great news.

My question is:


OTHER ORDER MCKINLEY BRYAN H. 05/03/2004 05/04/2004 05/04/2004 CLOSED
     Comments: RE: ALL ISSUES ARISING TO BE ADDRESSED
                        AT JULY 13, 2004 TRIAL


1.  Going by this, does it mean that just the OSC, Contempt and Amended Petition, or did he bump the trial up?  Maybe I am just being a little braindead on this, but I am assuming that the whole thing will happen on this day.  Am I correct?

Thanks Soc for everything,   Lissa 68

[socrateaser]

>1.  Going by this, does it mean that just the OSC, Contempt
>and Amended Petition, or did he bump the trial up?  Maybe I am
>just being a little braindead on this, but I am assuming that
>the whole thing will happen on this day.  Am I correct?

Judge is tired of the pile of documents. He's gonna let both sides present their case for every outstanding issue, and then he will rule. Get a list of every issue that you want to prove, assemble the facts necessary to prove each issue, and then go prove it.

You may want to write a trial brief and file it with the court, explaining all of the issues, what you intend to prove, and what you should receive if you prove them. That way, the judge will not have to refer to any other document.

[lissa68]

Melissa(lissa68)

Iowa District Court

Me- Pro-Se
 
Ex- Has Attorney

So, based on your info,

1.  What is the proper format for a trial brief?

2.  Can this include things not in the petitions or motions?  Or is the info to be used only what has been filed?


Thank you sir, once again.

Lissa68

[socrateaser]

>
>1.  What is the proper format for a trial brief?

Trial brief is a written, opening argument, an outline of facts, issues and analysis for everything that you intend to prove at trial. Ex:

I. Respondent routinely frustrates custody.

(This is the hard part -- writing an argument. The classic technique is to use three key words that tells the reader where you are in your legal analysis -- the words are: under, here and therefore. To wit:

Under the court's custody orders, dated, ??/??/??, Respondent is ordered to.... Here, we will show that on numerous occurances during the past 6 months, Respondent has willfully failed to provide access to the child. Therefore, Respondent should be found in contempt.)

II. Minor child is failing to thrive.

III. Etc.

You can have sub issues, if you want to expand on the various facts and issues. But, basically, you want to introduce the general issue, followed by a statement of the applicable law, followed by an analysis of the facts that satisfy the elements of the legal issue, followed by a quick conclusion of what the court should find.

You may also provide a short introduction (titled "Introduction"), and a short conclusion to the entire pleading (titled "Conclusion" or "Summary").

None of this is mandatory, but for a complex case, if you do it, the judge will absolutely love you, because he can just sit there with your brief and check off the issues as you present them -- he will know if you're on track and how much longer he needs to pay attention, and what to pay attention to. And, it will keep YOU on track, as well.

Some attorneys don't like doing a brief, because it gives their opponent an outline of what to defend against. But, in a case where you don't really intend any surprises, it doesn't make any difference -- what matters is that you get all of your evidence before the court in a manner that will permit the court to make a reasoned decision.

>
>2.  Can this include things not in the petitions or motions?
>Or is the info to be used only what has been filed?

You could try to sneak stuff in, but a good opponent will object to the introduction of issues not previously before the court on motion. If no objection, then you're golden, otherwise, you could face a continuance, because your opponent can argue "no discovery", or "unfair surprise," that he has had insufficient opportunity to prepair to meet your allegations.

[lissa68]

Melissa(lissa68)

Thank you for all your help.

You are a god-sent


Lissa68  ;)

[Peanutsdad]

hehehe,, Om the "sneaking" in of evidense or issues,,,, opposing counsel popped me on that,, got a continuance,, but it all worked out as there really was no way to refute what I had introduced. What it did do,, was drag out the proceedings more.