Michigan Closing Statement
Description
Key Concepts & Definitions
A closing statement is the final opportunity in a legal trial for both parties' attorneys to present their arguments to the jury before they deliberate on a verdict. It summarizes the evidence and testimony presented during the case and aims to convincingly argue each side's position.
Step-by-Step Guide to Creating an Effective Closing Statement
- Summarize the Case: Begin by summarizing the key points and evidence presented during the trial, reinforcing the narrative your side has built.
- Address Key Evidence: Highlight important evidence that supports your arguments, and address any counterpoints raised by the opposing side.
- Emotional Appeal: While remaining professional, use emotional appeal to strengthen your argument and engage the jury's sympathies.
- Call to Action: Conclude with a strong call to action, urging the jury to consider the justice and implications of their decision based on the evidence provided.
Risk Analysis of Ineffective Closing Statements
Ineffective closing statements can lead to a lack of clarity and fail to persuade the jury, potentially resulting in an unfavorable outcome. Risks include:
- Losing credibility if the evidence is misrepresented.
- Failing to address key points, which might leave jurors confused.
- Over-emphasizing emotional appeal which might seem manipulative to jurors.
Common Mistakes & How to Avoid Them
- Overloading Information: Avoid overwhelming the jury with too much information. Stick to the most compelling evidence.
- Neglecting the Opposition: Always address and counter arguments presented by the opposing counsel to cover all bases.
- Lack of Practice: Insufficient rehearsal can lead to a disorganized delivery. Practice your statement multiple times before the actual closing.
Key Takeaways
A strong closing statement is crucial in persuading the jury and achieving a favorable outcome. It should be clear, concise, and well-structured, summarizing the case effectively while also addressing counterpoints and highlighting the key evidence.
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FAQ
Michigan statutes provide no specific requirements an executor must meet, and you are free to name any adult that you trust as your executor. The court must appoint that person unless someone else challenges your choice of executor and there is clear evidence that he or she is incompetent or unsuitable to serve.
If an estate doesn't go through probate and it is a necessary process to transfer ownership of assets, the heirs could sue the executor for failing to do their job. The heirs may not receive what they are entitled to. They may be legally allowed to file a lawsuit to get what they are owed.
Determine Your Priority for Appointment. Receive Written Waivers From Other Candidates. Contact Court in the County Where Deceased Resided. File the Petition for Administration. Attend the Probate Hearing. Secure a Probate Bond.
Many executors are able to wrap up an estate themselves, without hiring a probate lawyer.Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure .
A closing statement, also called a HUD1 or settlement sheet, is a legal form your closing or settlement agent uses to itemize all of the costs you and the seller will have to pay at closing to complete a real estate transaction.
The estate must be open for at least five months. Required notice to creditors must be published at least four months before closing. The inventory fee must be paid. Any estate/inheritance taxes must be paid (proof of payment required)
1) Petition the court to be the estate representative. 2) Notify heirs and creditors. 3) Change legal ownership of assets. 4) Pay Funeral Expenses, Taxes, Debts and Transfer assets to heirs.
To close the estate you must file a specific document with the court that says you finished administering the estate and did what you were required to do as the personal representative. You may also need to get receipts from the estate beneficiaries and make a final accounting.
Executors have also traditionally set fees as a percentage of the overall estate value. So for example, a $600K estate which required 850 hours of work might generate $22K in executor fees (see calculator below). The executor may pay himself or herself this compensation as earned, without prior court approval.