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Rules of Evidence

By Lynne Z Gold-Bikin and 'Melissa Iacobucci

Family Law practitioners are civil litigators ' although our practice is certainly not what anyone might call civil. Consequently, in order to practice our profession, we need to know how to litigate. It is of great frustration for us to practice with other lawyers who do not know the simple Rules of Evidence. How can you try a case properly if you do not know what objections to make and not to make? How can you try a case if you do not know how to ask direct examination or non-leading questions?

Asking a non-leading question is very simple. Start every question with: 1) who; 2) what; 3) where; 4) when; 5) how; or 6) describe the situation. You cannot go wrong with starting every question to your own witness with one of those words, and you will not draw an objection. Why is it important? Because, if you fail to frame the question in a non-leading manner on your direct examination of a witness, a competent litigator on the other side can totally disrupt your direct examination. When an adversary makes objections, the other side will often lose track of where they are and skip the questions to which the objections are made.

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