How to Prepare Your Court Case for Trial • Madsen Law Offices • Easton

Preparing Your Case For a Hearing or Trial

Winning a case is not just about having the best evidence but preparing that evidence to be digested by a Judge or Jury.

At Madsen Law Offices, nestled in the heart of the Lehigh Valley, we proudly extend our legal expertise to residents of Northampton, Monroe, and Lehigh Counties. We understand that preparing for court cases, particularly custody trials, can be daunting. That’s why we’re here to guide you.

Evidence is the cornerstone of any legal case and it can take various forms. While verbal testimony in court is the most prevalent, other forms of evidence such as text messages, emails, voicemails, photographs, videos, and documents can also be pivotal. These can provide crucial insights to the judge when making decisions.

To optimize your case outcome and save on legal fees, we recommend presenting your attorney with well-organized evidence that can be quickly understood. This not only streamlines the process but also enhances the effectiveness of your case representation. At Madsen Law Offices, we’re committed to helping you navigate the legal landscape with confidence.

Notes

Your personal notes can serve as a valuable piece of evidence in a court case. They can be directly examined by the judge or jury, or you can refer to them during your testimony. It’s advisable to maintain a set of notes, but ensure that the version intended for court use doesn’t contain any information that could negatively impact your image or be used against you.

If your notes include illustrative elements like a custody calendar or diagram, strive to make them as clear and comprehensible as possible. Remember, clarity and simplicity can significantly enhance the effectiveness of your evidence.

Text Messages

Text messages are increasingly being recognized as a valid form of evidence. It’s recommended to present them in a printed format for court proceedings. However, it’s crucial to retain the original messages on your phone. This is to ensure their authenticity can be verified if questioned by the opposing party, as courts are typically hesitant to browse through your phone.

Various applications are available for different phone models that can help you print your messages in an organized and simplified manner. If you opt for screenshots, it’s advisable to present them to your attorney either as a printed document or as a multipage PDF. Avoid sending individual screenshots to your attorney’s office, as compiling them could result in additional charges.

Documents

Often, your attorney or the court may require various documents. When submitting these documents to your attorney, it’s advisable to keep each document distinct. Attach a cover page to each document, providing a brief explanation of its content and significance to your case. This practice not only ensures clarity but also underscores the importance of each document in your case.

Pictures

Photographs can indeed serve as compelling evidence in court. When submitting pictures to your attorney, it’s beneficial to include a cover sheet for each image. This cover sheet should detail the following: who captured the image, the date it was taken, what the image depicts, and its relevance to your case. This practice ensures that each piece of evidence is clearly understood and can be effectively utilized.

Video Recordings

Videos, like photographs, can be potent evidence in court. If the file size is manageable, you can email these videos to your attorney. However, for larger files, consider delivering them on a USB drive. Each video should be accompanied by key information: the person who recorded the video, the date it was recorded, what the video portrays, and its significance to your case. This information aids in the clear understanding and effective utilization of the evidence.

Audio Recordings

In Pennsylvania, it’s important to note that audio recordings made without the knowledge of the other party are not only illegal but also inadmissible in court, except under very specific circumstances. Therefore, refrain from sending audio-only recordings to your attorney’s office without prior consultation. At Madsen Law Offices, we’re committed to upholding the law and ensuring that all evidence submitted complies with legal standards. Always discuss with your attorney before submitting any form of evidence.

Record & Note Keeping Tips

Keep Your Notes Concise & Reader Friendly

When gearing up for a custody hearing or any other trial, it’s crucial to compile as much information as possible. This ensures that the judge gains a comprehensive understanding of your case. As you take notes, bear in mind the custody factors that your attorney has outlined for you.

Aim to make your notes succinct yet detailed. They should be easily readable and informative for two key reasons:

Your attorney will review your notes while preparing your case, and you’ll likely be billed for this time.
The judge may peruse your notes and might not have the time to sift through minor details.

If your notes require further clarification, rest assured that the judge or your attorney will seek additional information.

Keep your notes organized and concise and you will likely save money and achieve a better outcome.

Custody Cases - Maintain a Custody Calendar & Notes

When preparing for a custody hearing, consider keeping one large organized calendar or three (3) separate sets of records:

Maintaining detailed records can significantly aid your case. Here are some strategies you might consider:

Custody Calendar: Keep a compact calendar to track the time your child(ren) spend with each parent. This can provide a clear overview of the custody schedule.
Incident Journal: Maintain a journal documenting any incidents that raise concerns about the other parent’s parenting skills. These could include instances such as tardiness during custody exchanges, the child(ren) not completing homework while with the other parent, or the children being returned to you unfed or in the same clothes they left in.
Activity Journal: Keep a separate journal detailing all the activities you engage in with your child(ren) each day. This could include volunteering at their school, attending social events, assisting them with homework, taking them to the doctor, or going on trips.

Remember, the more organized and thorough your records, the better it is for your case.

Additional Tips to Prepare Custody Cases

How to Prepare for a Custody Hearing:

Ten (10) tips to help you prepare for a custody case:

Timely Entries: Write each journal entry contemporaneously with the event you’re documenting.
Date and Time: Date each entry and include the time when possible.
Location: Note down where each incident took place.
Witnesses: Record any witnesses to the incident and, if relevant, their contact information.
Maintain Professionalism: Avoid using your journal to vent. Be mindful of what you write, as it could be made available to your spouse’s divorce attorney if needed to refresh your recollection at trial. Refrain from making crude comments about your spouse or any statements that could negatively impact your character.
Child Involvement: If you document an argument or fight, note whether your children were involved in or witnessed the incident. Record the children’s physical responses, such as crying or covering their ears or eyes.
Document Statements: Carefully document any statements made to you by your spouse. Use quotation marks only if it’s an exact quote.
Balance Brevity with Detail: While your journal entries should be brief, they should also include all pertinent information. Remember, you’ll have a limited timeframe to present your story to the judge.
Record Non-events: Write down not only events but also non-events, such as missed visitations or the opposing party’s failure to perform certain obligations or appear at child-related events.
Daily Activities: Keep a record of what you do with your children on a daily basis, such as helping with homework, taking them to the park or beach, or preparing a home-cooked meal.

At Madsen Law Offices, we’re here to guide you through this process, ensuring your legal journey is as smooth as possible.