Family Law Experts Series:
In CFLR's first installment of the newly-launched CFLR Family Law Experts Series, this three-day 18-hour program on Trial Advocacy brings together an all-star faculty of appellate justices, along with family law judges, attorneys and forensic experts. The program is specially designed for family law practitioners; the emphasis is on competent and effective evidentiary hearing and trial skills under the Evidence Code and relevant Family Rules of Court.
Given the statutory and CRC mandate that, absent good cause or stipulation, the court must receive "live, competent, and admissible testimony" at all Family Code motion and OSC hearings, the interplay of family law principles, proper evidentiary presentation and trial skills has become most important. Many hearings that used to be conducted on declarations alone must now proceed as "mini-trials," subject to all the evidentiary rules governing civil trials.
Special Interactive Program Features: Our expert panelists will guide you through the program topics in the context of two hypothetical family law cases, beginning with preparation of the trial brief, continuing through to presentation of your case at hearings and trials, and concluding with analysis of the findings you want the court to make. You will see experts in the field demonstrate and discuss direct and cross-examination techniques in the common, yet difficult, contexts of child custody, domestic violence, relocation, income for support, and business valuation.
This is a don't miss event for both seasoned family law litigators and those who simply want to improve their trial advocacy skills.
All-star faculty of Attorneys, Judges, and Justices!
PREPARATION FOR HEARINGS AND TRIALS
• Trial brief, exhibits and witness list
• Organizing documents, preparing witnesses
BURDENS OF PROOF
AUTHENTICATION - LAYING A FOUNDATION VOIR DIRE OF EXPERTS
• Strategies to undercut foundation for opposing
EFFECTIVE USE OF OBJECTIONS AT HEARINGS AND TRIALS
• Common mistakes in making objections in family law
ASSERTING AND OVERCOMING PRIVILEGE OBJECTIONS
• Medical and psychological records
• Mediation confidentiality
APPLYING HEARSAY RULE AND EXCEPTIONS IN A FAMILY LAW SETTING
ADMISSIBILITY OF ELECTRONICALLY-STORED INFORMATION AND DOCUMENTS
• Planning direct testimony to anticipate and
undercut future cross-examination
• What to ask; how to ask it
• Coordinating exhibits and witnesses for
EFFECTIVE PRESENTATION OF CASE-IN-CHIEF A ND CROSS-EXAMINATION
• In child custody proceedings; tactical tips on direct and cross-examination of custody evaluators
• Of forensic accountants and other financial experts on support and business valuation issues
• To hone the best evidence in domestic violence proceedings
SPECIAL CONSIDERATIONS RE FAM.C. §217 EVIDENTIARY HEARINGS
• Differences from full evidentiary hearing
• Making the most out of the §217 hearing; using the hearing as a discovery mechanism
UNIQUE ROLE OF FINDINGS AND STATEMENT O F DECISION IN FAMILY LAW
• Analytical tools and skills for effective preservation of the record
• Anticipating effect of implied findings
The course materials include a complete set of slides and worksheets used by the presenters. Enrollees can select to receive printed course materials or course materials on USB drive, which allows you to save them to your hard drive and take notes directly next to the material covered. Enrollees must bring their laptop to the program in order to use the USB drive.
MCLE/Specialization Credit: Approval of specialization credit
in Family Law has been granted by the California Board of Legal
Specialization, and approval of MCLE credit for this activity has
been granted by the State Bar of California in the amount of 18
hours, including 1.5 hours of legal ethics.