Trial Brief?

[grandpabri]

I am in California.

The date for the divorce trial finally approaches. Both of us are pro per. We have no property, just two kids and a bunch of debt. Temporary orders are in place for custody and child support.

We need to exchange trial briefs before the trial on Feb 1. My questions are:

Is there a "canned" format for a trial brief? I know that each case is different, however, is there some list of issues that should be addressed, if applicable?

Will the temp orders for custody and child support be "carried over" to the permanent orders? I am mostly satisfied with the orders, but would like some minor changes.

Should I just write up the final orders as I would like them to be and use that as a brief?

The mother refuses to negotiate in any way about any issue. Her refrain is, "Let's let the judge decide." So the chance for a negotiated settlement is very slim.

Any help would be appreciated.

Happy Holidays to all and my wish that next year is better for all of us.

 

[I AM ALWAYS LIABLE]

My response:

A trial brief is intended to be a synopsis of relevant facts and issues that will be presented to the court. Most local rules require the filing of a trial brief, and in many courts the form of the brief is mandated. [See, for example, San Diego Superior Court mandatory Short Cause Trial Statement, Rule 1.22(f)] The brief should set forth the facts and issues for which there is a stipulation, and the facts that are in dispute.

The trial brief is not intended to be an argument for the client's position on a particular issue, but should state the client's proposal on a the issue. Suggestions on issues such as division of property and custody of children, among others, is wise; however, the attorney should be certain that he or she is able to provide evidence to justify the proposals. Attaching supporting documentation for claims of reimbursement is often helpful.

A properly prepared trial brief can serve as a "road map" for the trial judge to follow for the presentation of the attorney's case. Accordingly, listing the issues and the proposals in as concise a fashion as possible will enable the trial judge to determine quickly the issues and follow the relevant evidence presented.

You should be certain that testimony will be available to justify the proposals made. Your credibility with the court can be severly affected by suggesting values for assets for which you can present no credible evidence.


SAMPLE FORMAT FOR TRIAL BRIEF (Remember to use "Pleading Paper")

________[Your Name, address, telephone number]

Attorney for In Propria Persona


SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF ________

In re Marriage of )
________[Name], )
Petitioner, ) Case No. ________
) TRIAL BRIEF
and )
________[Name], )
Respondent. )

____________________________________________________

To: the Court in the above-entitled matter, and to ___________, the Respondant (or Petitioner, as the case may be)


I. MEET AND CONFER STATEMENT:

A. Date of Conference: ________

B. In Person/By Phone: ________

C. Issues Settled Are:
l. ________
2. ________
3. ________

D. Issues to be Litigated Are:
1. ________
2. ________
3. ________

E. If Counsel Failed to Meet and Confer, Explain Reasons in Detail.

II. STATISTICAL DATA:

A. Date of Marriage: ________

B. Date of Separation: ________

C. Length of Marriage: ________

D. Marital Status Terminated? ________. If so, date: ________

E. Husband's Age (________) and Employment: ________

F. Husband's Gross Monthly Income: ________ Net: ________

G. Husband's Paydays: ________

H. Cohabitee or New Spouse's Monthly Income: ________
Net: ________

I. Wife's Age (________) and Employment: ________

J. Wife's Gross Monthly Income: ________ Net: ________

K. Wife's Paydays: ________

L. Cohabitee or New Spouse's Monthly Income: ________

M. Minor Children:
Name: ________
Date of Birth: ________
Age: ________
Sex: ________
Residing With: ________

III. HISTORY OF PROCEEDINGS:
(Briefly Summarize All Prior Court Proceedings)

IV. HUSBAND'S/WIFE'S PROPOSALS RE ISSUES:
(In Same Order As Issues Appear in I.D above)

Dl: Issue: ________ (e.g., Spousal Support)

D2: Issue: ________ (e.g., Child Support)

D3: Issue: ________ (e.g., Attorney Fees)

V. ATTACHMENTS AND EXHIBITS: ________

Signature and date

 

[grandpabri]

Thank you for your usual helpful reply.

One more quick question. The divorce is in Los Angeles County. Do they have a format like San Diego?

Thank you

 

[I AM ALWAYS LIABLE]

My response:

Perhaps I'm misunderstanding you. If your action is filed in Los Angeles county, why would you care if the format is good for San Diego county ?

Be that as it may, I am only familiar with the Los Angeles court rules, not San Diego; however, the format is fairly basic, and I can't imagine that a San Diego court would require anything more, or less, than a Los Angeles court.

Good luck to you.

IAAL

 

[grandpabri]

Thanks. Sorry about the confusion. I live in San Diego, however the divorce is in Los Angeles. I have a family member that works at the FLF office in San Diego, so I get a lot of work done there. Nice to have friends in low places.

I found the format on the LA superior court website under court rules.

Thanks for all of your help.