Jan 29
This week Jake, along with special guest Audrey Blair, discuss changes to the rules governing discovery in family court proceedings. Audrey Blair provides representation to clients in Family Law Appeals and Litigation Support for attorneys. She is a Board Certified family attorney and has been practicing family law in Texas since 2002. With her background in family law and family law litigation, Audrey brings vast experience and knowledge to the resolution of family law issues. Listen ...
read moreOct 29
Your hosts Jake & Brian sit down to discuss an important part of family law cases: temporary orders. Listen as they explain what temporary orders are, their importance, and what to do if you're not happy with the orders you received. The Texas Family Law Podcast is available for download on Apple Podcasts, as well as on SoundCloud and Spotify. Don't feel like listening to it? The entire transcript is available below.
read moreOct 02
Suppose you are anticipating a Texas family jury trial. In that case, you have likely already at least heard of 'discovery.’ Discovery is the organized system in the Texas Rules of Civil Procedure for parties to exchange information with each other before trial. That way, each party and its lawyers have access to the same information, and there are no surprises at trial. In actuality, many cases settle in the discovery process when a party realizes that they just don't have enough evidence...
read moreOct 01
Lay Witness The first type of witness is called a lay witness. Simply put, a lay witness is a witness who does not have any expertise in any area they wish to testify. This type of witness may have some personal knowledge or experience with you, on the other hand. Frequently, people have their neighbors, friends, family members, and even their employers testify regarding their knowledge concerning a party's parenting, handwriting, specific acts, you name it. (more…)
read moreOct 01
Voire Dire is just a fancy way of describing jury selection, or more accurately, jury DE-selection. Once you have decided that a jury trial is best for you, one of the first steps will be the jury selection process. Your attorney, as well as the other party's attorney, will screen prospective jurors, trying their best to avoid selecting a juror that could hurt their case. (more…)
read moreSep 30
You may need to decide whether or not a trial by judge or a jury trial would be in your best interests. Perhaps the court has just set your case for trial. By default, the type of trial you'll get is a bench trial (i.e., a trial where the judge makes all of the final decisions). Maybe instead of the court setting your case for trial, you or the other party has requested a trial date. Again, by default, the type of trial that you'll get is a bench trial. (more…)
read moreSep 29
Deciding whether or not to do a Jury Trial is a difficult decision many people dealing with family law matters struggle with. That's why your hosts, Jake & Brian, are here to give you an idea of what you can expect if you chose a jury trial, and to break down the pros & cons of going in front of a jury as opposed to just a judge. The For Better, Worse, or Divorce is available for download on Apple Podcasts, as well as on SoundCloud and Spotify. Don't feel like listening to...
read moreSep 28
Many times lawyers will attempt to discourage you from having a jury trial. Why is that? Perhaps he or she is looking out for your best interests because a jury trial would be detrimental to your case. However, what seems to be more common is that the lawyer in question is not comfortable trying a jury trial. In fact, most lawyers in Texas have actually never tried a jury trial to a verdict. (more…)
read moreSep 08
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read moreSep 08
Preparation & Standards of Proof Case Preparation Attorneys typically spend 2 days of preparation for each day of trial. This really becomes more like 4 or 5 days per day of trial when extensive Discovery is conducted. Preparation for jury trials is more extensive than for a Judge trial because the rules are so much more complex. The most common types of preparation are: Written Discovery Depositions Witness interviews and preparation Document rev...
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