Everyone has seen a trial portrayed in a movie or video. An actual trial (especially in a divorce case) is not like television or movies would have you believe.
Initially, you would likely think, “Of course real life trials aren’t going to be the same as in the movies, but the underlying structure of trial as seen on my TV or the big screen is accurate, right?” Yes and no. There are some rules of procedure and evidence that all judges and litigants are bound to follow. But judges have some latitude and discretion in how they conduct trials.
In Utah (as is the case in every other state except Texas), divorce cases cannot be tried to a jury. The judge assigned to your case will be the only person who will review the evidence and arguments and who will decide the case. This is known as a bench trial. An audience of one.
The judge decides what is and is not admissible evidence, then considers and weigh the admitted evidence, then determines what law does and does not apply and what arguments are the most persuasive. That stated, the outcome of your case is still highly a factor of the judge’s subjective opinions. The judge is all too human and has his or her own personal blind spots, biases, and misperceptions).
Those who prevail at trial are those who bring their best evidence they could gather and present it in winning fashion. And that means there must be plenty of substance behind the style.
So that means a trial isn’t like a boxing match where “last man standing” wins, it’s more of an audition for who gets the part of “winner.” A winning trial performance is a combination of solid preparation and final presentation. For example, the outcome at trial is usually heavily influenced by how you fared in the pretrial phase of your case (especially, but not limited to what temporary orders were put in place early on). Still, the value of an artful performance—delivered by a well-groomed leading man or lady (your lawyer), marked by a presentation that captures the judge’s attention and never lets go, unfolds at a smooth pace, and ends with a stirring (but not too lengthy) speech) cannot be overestimated.
Utah Family Law, LC | divorceutah.com | 801-466-9277