Tag: objection

Demonstrative evidence, like a chart, a map or a drawing are effective ways to clarify an issue to a finder of fact. While common in accident cases where the laws of physics need to be explained to a jury, demonstrative evidence is not especially common in Illinois divorce cases. Demonstrative exhibits are a great idea

An old joke best illustrates the concept of hearsay in a trial. Witness: “Then Bobby told me that he was the one that did it.” Lawyer: “Ah. So, hearsay? Witness: “Yup. I heard ‘em say it” “”Hearsay” is a statement, other than one made by the declarant while testifying at the trial or hearing, offered

If you can’t agree on the final terms of a divorce, an Illinois divorce judge will make final determinations and issue a judgment of dissolution of marriage, a marital settlement order and/or a parental responsibilities and parenting time order. In order for the Illinois divorce judge to come to these conclusions that will forever affect

If an Illinois divorce court has determined that your question is relevant and not subject to the bar against hearsay, the witness must answer your question. But once the witness has answered a question you are not allowed to continue to ask the same question repeatedly. In Illinois, the judge can control the courtroom for

The point of questioning a witness in an Illinois divorce is to elicit knowledge that they accurately and verifiably possess. If the witness testifies to something they do not actually know, they are speculating. Speculative answers should be met with an “Objection! The question calls for speculation” by the opposing counsel. The best hint that

Probably the first rule of evidence any attorney learns is that leading questions are not allowed when you’re calling your own witness. A leading question is “a question put or framed in such a form as to suggest the answer sought to be obtained by the person interrogating.” Black’s Law Dictionary (10th ed. 2014) The point

In an Illinois hearing or trial, the point of asking questions of a witness is to elicit relevant facts from that witness. It’s tempting to just “cut to the chase” and presume certain facts in advance without asking about them directly. Questions that presume facts not already admitted into evidence are not permitted under the

When someone is giving testimony in an Illinois divorce hearing or trial, the point of the questions is for the finder of fact, the judge, to come to a legal conclusion. The questions, however, cannot call for a conclusive answer. In an Illinois divorce trial, questions are supposed to elicit facts, known and experienced by

Presenting evidence in an Illinois divorce is complicated. You must establish foundation, authenticate the evidence and be sure the evidence doesn’t violate one of the numerous evidentiary rules. Even after all of that is done, your evidence must still be “the best” type of evidence possible for the finder of fact to inspect and weigh