Exhibit Books will Increase your Chances during a Trial

 In some divorce cases, parties are unable to reach a settlement that makes sense for each party.  Therefore, the only way to resolve a case is to go to trial.  Being organized at trial can go a long way in helping a party receive a better result. The reality is that judges hear lots of cases. To obtain the best chance at a positive result, it is vital to present the case in a coherent manner. One way to be organized at trial is for a lawyer to have an exhibit book put together before trial.  An exhibit book generally involves all exhibits being bound in a three-hole binder before trial. The exhibits are then topically organized, marked by letter or number and bate-stamped. A cover sheet that shows all the exhibits is usually at the front of the exhibit book. The cover sheet can denote whether the exhibit was offered, admitted or rejected.

It makes sense to organize each exhibit topically.  Thus, in a divorce, there can be many issues from property and debt division, child custody, child support, spousal support, attorneys’ fees and even other matters like marital misconduct.  Instead of having these exhibits sporadically in the exhibit book, having all the exhibits on a topic next to each other can often make sense. Presenting witnesses in the general order in which the exhibits are in the exhibit book can also be considered. The last exhibit on each topic should entail a bookend exhibit where the judge can clearly see what the party is requesting, like their child support calculations, proposed custody schedule or parenting, proposed property and debt division, etc.

Organization is the key at trial. So, having a lawyer who carefully considers the order and manner in which evidence is presented and submitted is often important.  Having copies of the exhibit book for the witness stand, opposing counsel, the guardian ad litem and judge can also help. In this way, the lawyer can refer to the exhibit number and page number of an exhibit when a witness is on the stand. By doing this, everybody in the courtroom can simply turn to the referenced page.

Lots of time can be wasted in court where parties are trying to figure out what exhibit is being referenced and the page number if this is not done.  The lawyer also may have to move around the courtroom with each exhibit giving everybody a copy versus simply handing an exhibit book to the lawyers in the courtroom before trial.  Using exhibit books like this, a judge can also take this exhibit book with them after the trial. As the judge weighs the case, it can be a persuasive and organized tool for the judge to have all the exhibits after a trial in a bound exhibit book. Many judges will want to review all or some of the exhibits again after trial. The easier a lawyer makes this for a judge, the better.

An exhibit book can also shorten the trial time. Instead of having to repeatedly hand copies of exhibits to the lawyers in the courtroom, and be concerned with confusion about the page number, an exhibit book can move the trial along quicker.

Having an attorney with the resources and knowledge to give you the best representation is vital to your interest and the interest of your family.  You also want to make sure they will exhaust all avenues and be willing to research, pursue and implement strategies to provide the best possible outcome. When a trial takes less time before a lawyer is organized, most judges are happier. Clients also incur less in legal fees the less time a trial takes.

Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal.  As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.

Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2020, Best Lawyers, and recently The National Advocates recognized Rob as one of the Top 40 Under 40.  He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com.  Mr. McAngus received his bachelor’s degree cum laude and master’s degree from Baylor University and graduated cum laude from the Dedman School of Law at Southern Methodist University.