Trial

Having taken many cases successfully to trial, we have the expertise to prepare a case to be decided by the judge and the wisdom to know when a better resolution can be reached through mediation. The majority of family law disputes taken to court are bench trials where cases are heard and determined solely by a judge. If a trial becomes necessary, Millar Legal will be with you every step of the way. We understand that going to trial can be an overwhelming experience for families, and we are here to help you understand and maneuver the process as smoothly as possible.

The Trial Process

While every trial is different depending on the needs of each case, we help most of our clients with the following proceedings if their case goes to trial:

Pre-trial Orders

These orders are given by the court and often include an overview of issues that will be discussed during trial, important dates and timelines leading up to the trial, and notices of any court orders that must be completed prior to trial, such as attempting to resolve disputes in mediation or exchange of settlement offers.

Opening/Closing Statements

Opening statements allow each side to lay out their case before testimony begins. After all testimony and evidence has been presented, trial will conclude with each side giving a closing argument where we will explain how the facts and evidence presented during trial interact with the law in such a way as to support our proposed outcome for your case.

Live Testimony & Subpoena

Live testimony is provided during trial by witnesses who are physically present in court to answer questions. Those who give live testimony may be asked to answer questions from both side’s attorneys via direct-examination and cross-examination. Subpoenas are the court orders assuring that those presenting evidence or testimony with your case appear in court on a specific date as needed. We will prepare you for giving testimony and make sure all legal elements necessary for supporting your case are in place prior to trial.

Other Evidence

All physical evidence, such as bank statements, pictures and videos, documents, etc. supporting your case will be introduced as evidence after laying foundation for it during live testimony. All evidence must be provided in advance of trial both to your attorney and to the other side in order to be accepted by the court.

Verdict

The verdict of trial may be provided by the judge immediately after closing arguments or in writing after trial has ended (usually within 1-2 months). Usually your case is over once the judge signs a document called “Findings of Fact and Conclusions of Law.” You will be bound by these rulings once signed by the court.

Post-Trial Options

If you believe an error in judgment was made in your case, Millar Legal can help you explore your post-trial options. Please call Millar Legal today at (801) 424-5280 if you have any questions about your case.