Be Prepared for your Direct Examination

Direct examination is your opportunity to tell the Judge your “side of the story".
This is your opportunity to tell the Judge what it is that you want the Court to do.
You will be nervous, so be sure to practice and be prepared for your direct examination.
It is important to get across to the Court your positive attributes as a parent, if there are child-related issues involved.
Don’t just focus on the negatives of the other parent.
Do focus on the positives of you as a parent.
Your goal should be to paint a picture for the judge about how things have been working prior to the separation and filing for divorce.
Focus on events that occurred within 90 to 120 days prior to the filing of the divorce, unless you and your spouse have been separated for quite some time or if there are facts that are important that pre-date this time period.
A judge will likely not be interested in something that happened 5 years ago at this stage of your case.
For instance, during the last 90 to 120 days who takes the children to school, who gets them up and ready in the mornings, who helps them with homework, who picks them up from school, who cooks them dinner, who gets them ready for bed, who gets them to extracurricular activities, who takes care of their medical needs, etc.
Be sure to meet with your attorney in advance to find out what kinds of questions that he/she will be asking you.
Once you know what kinds of questions that you will be answering, take some time and think about your responses.
Practice saying your responses out loud before the date of the hearing.
Be sure to give a concise response to the questions.
Many counties in Texas will limit the time that you have to present your case to the Judge at the temporary orders hearing.
Often times you will have 20 to 30 minutes, so don’t waste time going on about things that are irrelevant for this stage of your case.
Your attorney will be asking you questions that will generally start with “who,” “what,” “when,” “where,” “why,” “how,” or “please explain.”
Be sure that you are familiar with any documents that your attorney plans to introduce into evidence through you.
Know what you need to do to assist your attorney in getting these documents admitted into evidence.
Your attorney will likely prepare a relief requested exhibit that contains all of the specific things that you are asking the Court to order. For instance, what possession schedule you are proposing, what child support amount you are proposing, etc.
Once the relief requested exhibit and/or any other exhibits have been admitted don’t just shove them aside, use them to assist you with your direct examination.
If you do not understand the question that you are being asked be sure to stop and ask your attorney to please repeat and/or rephrase the question.
You never want to answer a question that you do not understand.
If either attorney makes an “objection” during your testimony, stop answering the question immediately whether you are mid-word or mid-sentence. The judge will then rule on the objection.
If the judge sustains the objection, then you do not have to answer it.
A way to try to remember this is sustain starts with an “S” and stop starts with an “S,” so if the judge sustains, then you stop and do not have to answer that question.
If the judge overrules the objection you have to answer the question.
At this point, you will likely not remember the question, so make sure that you ask the attorney to repeat the question.
It is possible that the judge could ask you some questions directly at the conclusion of your direct examination. Be sure to be respectful and answer only the question(s) that the judge is asking you. This is not your opportunity to say anything and everything you would like.

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