Get Ca App-06 2010

Section 402 of the California Evidence Code provides a method for an early determination of evidentiary issues. It provides that the court may hear and determine the question of admissibility of evidence outside of the presence or hearing of the jury.

After the 402 conference ends, the judge will inform the attorneys of the sentence he or she would hand down if you were to plead guilty. You have the right to be informed of any decision made by a judge and you may reject or accept any negotiation that comes out of a 402 conference as it is not binding.

402 hearings are conducted to determine whether certain evidence is admissible. Some evidence is considered too prejudicial to be heard by a jury. As a result, the judge will hear arguments by both sides and decide whether the jury should hear...

A trial brief sets forth the facts, evidence, and legal arguments the party intends to present at trial. They are typically supported by citations to legal authority, such as statutes or case law, but may also cite authoritative writings, statistics, or other sources.

Form: A trial brief or memorandum is normally prepared in the same format as points and authorities generally. a. "Pocket briefs": Instead of preparing a single trial brief, some lawyers use short "pocket briefs" on specific evidentiary issues likely to arise during trial (and not disposed of by in limine motions).

Pay Attention to Other Trials. If you want a positive ruling from the judge, then it can help immensely to pay attention to different trials that are going on. ... Hold Other People in High Esteem. ... Express Yourself in a Clear Way. ... Take Your Time Answering Questions.

To win sole physical and legal custody, you must show the court that awarding you custody is in the best interests of your child due to factors such as your existing relationship with the child; stability of the home life you provide; inability of the father to meet the child's needs; father's lack of involvement in ...

A Fact Finding Hearing is a type of court hearing that considers the evidence surrounding allegations, and the court will make a decision as to whether alleged incidents did or did not happen. Evidence is heard, which will normally include parties being cross-examined.

Read the Complaint. ... Find copies of contracts and any other written communications between you and the other side. ... Analyze the strengths and weaknesses of your case. ... Prepare your documents and evidence for trial. ... Identify and prepare any witnesses. ... Practice, Practice, Practice your presentation.