• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Evidences at bifurcated trial can be used in final trial?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Harry Yoshida

Junior Member
What is the name of your state (only U.S. law)? California

I am going thru divorce proceeding. I am a pro per, and my wife has an attorney.

During a bifurcated trial for the issue of date of separation, a lot of evidences were presented including testimonies. Can these evidences at the bifurcated trial used as evidences in the final trial in the same court? Are those conisdered as hearsay? Can opposing attorney or the judge can object to it? If so, is there way I can overcome the objection?

Thank you in advance for your answer.
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? California

I am going thru divorce proceeding. I am a pro per, and my wife has an attorney.

During a bifurcated trial for the issue of date of separation, a lot of evidences were presented including testimonies. Can these evidences at the bifurcated trial used as evidences in the final trial in the same court? Are those conisdered as hearsay? Can opposing attorney or the judge can object to it? If so, is there way I can overcome the objection?

Thank you in advance for your answer.
You're going to have to be more specific, but, in general, any evidence presented at the first trial can be presented at the second one. If there was a witness at the first trial, they might have to come back for the 2nd, but the evidence isn't going to disappear.
 

Harry Yoshida

Junior Member
To : mistofolees
From: Harry Yoshida

Thank you very much. You answer could be extremely useful. My total approach to upcoming final trial for dissolution will definitely change if you could answer my next question below.

Before the bifurcated trial on the issue of date of separation, there was a hearing at which the judge was to decide whether to grant bifurcated trial. Both sides submitted sworn declarations for the hearing, The judge finally granted the bifurcated trial at the hearing.

Now, at the bifurcated trial itself, there was no witnesses nor any exhibits as evidences from either side. So, the judge decreed that the sworn declarations from both sides submitted for the previous hearing for granting bifurcated trial will be treated as evidences so that each side can cross examine the other’s statements in the declarations. Neither side objected to the court decree that those declarations will be treated as evidences (just like testimonies). Therefore, without doubt, as far as the bifurcated trial goes, those declarations were evidences.

The question again is that whether I can quote from those sworn declarations (which were already made to be evidences at the bifurcated trial) as evidences in the final trial as well whose main issue is going to be about division of property. Does the judge need to re-declare the sworn declarations as evidences in order for me to use it at the final trial? My hope is that once the declarations were made evidences in the bifurcated trial, that will remain evidences in the final trial. If opposing counsel object to my use of previous declarations as evidences in final trial, is there some way to overcome the objection? As far as testimonies by both litigants at the bifurcated trial go, I would think they will definitely be treated as evidences in the final trial as well. Is it true?

One additional question is that during a trial, an attorney can do direct examination of his client. Is there something comparable to direct examination in case of pro per litigant. For instance, in lieu of direct examination, can I, as pro per, make statements to the court using memo? In that case, I would expect objection from opposing attorney if I make statements which he does not like it. Is it true?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top