You also could send interrogatories to your spouse with detailed questions about the property, and you could question your spouse about the property during a deposition to establish that you helped with the upkeep of the property. If you are wondering who the other side is calling as witnesses, or if the other side plans to call any experts to testify, you can make a request for a witness list to get that information. To get more specifics about the allegations in a complaint or counterclaim, you could demand a bill of particulars. Through discovery, you can make a document request to show that you made financial contributions to the home or that mortgage payments came from a joint account. Knowing what kind of documents or information you can ask for, how to use depositions, and how to respond to discovery requests that you receive, can be an important part of winning your case.įor example, let’s say you are getting divorced and there is an issue about whether the marital home is the separate property of your spouse or whether it is marital property. Exchanging discovery helps to make the trial run smoother and it often helps the parties reach an agreement or settlement without having to go through a trial. This exchange of information lets the parties know what evidence the other side will be presenting at trial. Usually the parties have to send written requests, also known as demands, to the other party to get this information. This exchange of documents and information is called “discovery,” and there are rules in every state about how and when discovery happens. In some court cases, the parties are required to give each other information and documents about the case before there is a trial. We have information about Safety in Court to help you prepare for your court day. Except in protection order cases or other ex parte proceedings, the abuser also has a chance to appear at the first appearance. For example, if you would like to see the abuser pay restitution or be ordered into some kind of rehabilitation program, you may need to request this in your petition and clarify what you are seeking at the first appearance so that the judge knows. In our Know the Laws – By State section, we have information on what kind of relief may be available in various types of court cases. It’s important to research what your potential options are beforehand so that you know what you can ask for when you are in front of the judge. If a settlement is not reached, the judge will primarily focus on matters like advising the parties of their rights, scheduling future court dates, possibly arranging discovery, and issuing any temporary orders, if necessary. You should also know if you want to have a temporary order in place while the court case is pending and what terms (provisions) may be appropriate. It is important to come to the first appearance knowing what you are asking for in terms of a final resolution because it will set the course for the entire course case. if the court does not have jurisdiction to hear this type of case.Īlthough the case is just beginning, it’s helpful to think about what you are asking for in a final outcome for your case and whether it might be possible to get that outcome with a settlement agreement. if the same action is pending in another court or.if there is a problem with the petition.In some rare instances, a judge may dismiss a case at a first appearance if there is some obvious basis for dismissal – for example If the parties do not agree, or if the judge does not approve a settlement, then future appearances may be scheduled. If the judge approves an agreement, then he or she may grant a final order based on those terms. If the parties agree on how they would like to see the case decided, then they may be able to resolve it during the first appearance, before mediation, by letting the judge know that they have reached an agreement. In some jurisdictions, the court rules require the parties to try to mediate and the court may even provide a mediator. For custody cases, the first appearance gives the judge the opportunity to explain the court process to the parties and make any appropriate temporary (preliminary) decisions regarding custody and visitation while the action is pending. If you are not seeking emergency relief, the first (initial) appearance is usually an opportunity for the judge to create a schedule for how the case will proceed, issue any temporary orders that are necessary, and see if the parties can agree on a final outcome. Usually, the judge will review the petition you have filed, ask any questions he or she thinks are important, and decide whether to issue an ex parte temporary order. If you are seeking a restraining order or another type of emergency relief, such as emergency custody, then the first appearance might be ex parte, meaning you will see the judge but the defendant will not be there.
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