Petitioner is requesting the family residence be awarded to him. We prepared this article to assist those of you preparing for your family law trial that might have to handle the case on your own.
Most family law cases are resolved without having to go to trial but a small percentage must go to trial for a resolution.
Sample trial brief family law. Rule 23 of the family law rules is the rule for evidence and trial of a family law matter but there are other family law rules that you need to be aware of when you represent yourself. 04 2014 prepared by the superior court of california county of san diego. The most basic reason why a law student would create a sample case brief is in preparation for the class.
Checklist for drafting a trial brief modeled after a brief writing checklist prepared by professor janet calvo cuny school of law i. You can also click on the sample at the bottom of the page. Even if you cant afford a family law attorney you can still prepare your case so that you can show up to your family law trial confident and you can win.
09 2014 prepared by the superior court of california county of san diego self represented litigant trial readiness resource list rev. The family law rules. Introduction or preliminary statement does the introduction articulate the party s claim and introduce the theory of the case by referring to the case facts.
Petitioner and the minor children have been living exclusively in the family residence located at 123 anywhere st. Where to find this form and any examples the following are links to blank versions of this form and any examples on clicklaw wikibooks or elsewhere online. New city ca 95000 since the date of separation.
Regardless there is no need to panic. You should read the rules carefully. Are the parties identified.
Nothing herein should be construed legal advice. The top of the trial brief needs to include the case style. Preparing your family law trial brief 3mb rev.
Although you can represent yourself in court you should speak to a lawyer who can help you understand your options the steps that make the most sense in your case your rights and responsibilities and the legal consequences of your decisions. It is important that you are aware of the family law rules and follow these rules during the trial. Different cases which are found in textbooks used in law school differ in length so it is essential to pick out all the vital information from the cases and present them in a summarized and organized way.
Form f45 trial brief is a legal document required by the supreme court family rules. Below is an example of a trial brief an external document that paralegals create. The case style identifies the relevant information about the case such as the court s name the names of the parties the docket number or case number that was assigned by the clerk of court and the title of the document.
This is sample trial brief to be used illustration only.