Legal Question in Family Law in New York

How a trial proceeds depends upon the types of issues the court must decide and upon the tactics adopted by the parties and their counsel.

My only advise is get an attorney. If you are asking these questions, then you are completely unprepared to go forward. It is like having a hot appendix and deciding to perform your own surgery. Not smart.

I agree with David and Joel. Notwithstanding, the purpose of a trial is to prove the elements of your case. You prove your case through the introduction of evidence. Evidence may be introduced by 4 ways - testimony, demonstrative, illustrative and actual.

Most if not all trials include testimony by a witness. A party to an action may be a witness. Therefore, in your trial you would be able to testify (tell your story).

Demonstative evidence usually demonstrates testimony given. This is usually through photographs or written records.

Illustrative evidence helps explain testimony given. This is usually through graphs or charts.

Actual evidence is usually the actual item in issue, like the gun, DNA, bloody clothes, etc.

Oral arguments and briefs may be submitted before, during or after a trial, or not at all, depending on the request of the Judge. However, oral arguments and briefs is not evidence. It only helps to explain the evidence as it applies to the law.

Mike.