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New York Matrimonial Trial Handbook

The New York Matrimonial Trial Handbook by Joel R. Brandes is available online in the print edition at the Bookbaby Bookstore and other bookstores. It is now available in Kindle ebook editions and epub ebook editions in our website bookstore. It is also available at Amazon Kindle, Barnes & Noble and Goodreads.

The New York Matrimonial Trial Handbook was written for both the attorney who has never tried a matrimonial action and for the experienced litigator. It is a “how to” book for lawyers. This 836 page handbook focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a matrimonial action. It is intended to be an aid for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. The handbook deals extensively with the testimonial and documentary evidence necessary to meet the burden of proof. There are thousands of suggested questions for the examination of witnesses at trial to establish each cause of action and requests for ancillary relief, as well as for the cross-examination of difficult witnesses. Table of Contents

Friday, November 03, 2006

Some Thoughts For Attorneys on Preparing to Try a Divorce Case

When preparing or the trial of any action, several questions must be posed and answered by counsel in order to define the burden of proof that has to be met in order to be successful. The two most important questions are what do I have to prove and how will I prove it?

Sub parts of this questions are:

What are my goals? i.e. ,Divorce, maintenance, child support, etc.)

What do I have to prove in order to attain these goals?

What are the elements of the cause(s) of action that I have to prove in order to make out a prima facie case for a divorce on the grounds of ______?

What do I have to prove in order to obtain an award of maintenance (child support, custody, exclusive occupancy, counsel fees, equitable distribution insurance)for my client?

How do I establish the necessity for an award of ____________?

What is the substantive law applicable to this claim?

What rules of practice or rules of evidence are applicable to this claim?

What testimonial evidence will I offer to establish this claim?

What documentary evidence will I offer to establish this claim?

Consideration should be given to these questions when preparing for trial, and during the trial.

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