Client’s often ask how to prepare for a custody trial, or other hearings. Evidence that may be relevant in a case comes in all forms. The most common form of evidence is, of course, verbal testimony given in court. However, text messages, emails, voicemails, pictures, videos and other documents may all be an important source of information to a Judge when making a decisions.
Presenting your attorney with thorough, organized, evidence that can be understood at glance will both save you money and help you achieve a better outcome in your case.
Your own notes may be admissible as evidence in a court case. They may be admitted for the Judge or Jury to look at directly or they may be able to be referenced by you during your testimony. If you plan on keeping notes, which you should, make sure that the version you plan on using for court does not contain any information that can portray you in a poor light or be used against you. If your notes are something illustrative, such as a custody calendar or diagram, make sure to make them as easily interpreted and understood as possible.
Text messages are becoming a more and more common form of evidence and should be presented in paper form. Always make sure to keep a copy on your phone, do not delete them. The court will be very reluctant to skim through your phone, but it is important to keep them on your phone to verify their existence if the opposing party questions the authenticity of your paper copies.
There are many programs for different phones that will allow you to print the messages in a simplified and organized fashion. If you do choose to use screenshots, either present them to your attorney in paper or as a multipage pdf, do not send individual screenshots to your attorney’s office as they will have to be compiled by your attorney and may result in additional fees.
Many times, documents are needed by your attorney or by the court. When presenting documents to your attorney, keep each document separate, put a cover page on each document explaining what it is, and it is important to your case.
Pictures can be a powerful piece of evidence in court. When sending pictures to your attorney, place a cover sheet on each picture with the following information, who took the picture, when the picture was taken, what the picture shows and why it is important.
Videos can be sent to your attorney via email if size permits or delivered on a USB drive if the files are too large for email. Videos should be accompanied with the following information, who took the video, when the video was taken, what the video shows and why it is important.
Audio recordings made without another person’s knowledge are illegal in Pennsylvania and are inadmissible in court except for in a very limited number of circumstances. Do not send audio only recordings to your attorney’s office without first discussing them with your attorney.
When preparing for a custody hearing, or any other trial, it is important to keep track of as much information as possible so that the Judge can have a full and complete understanding of your case. When keeping notes, remember to consider the custody factors your attorney has provided to you.
Try to keep your notes as concise, yet thorough, as possible. It is important to be keep your notes easily readable but also informative for two reasons; 1) your attorney will read through your notes to prepare your case and you will likely be billed for this time, and 2) the Judge may look at your notes and may not have the time read through small details. If the Judge or your attorney need more explanation for anything in your notes, they will ask.
Keep your notes organized and concise and you will likely save money and achieve a better outcome.