Monday, October 19, 2009

Evidence is Key

The difference between a conversation and a court hearing often revolves around proof. Proof is the ability of one party to show the Court that what they are saying is accurate. Sometimes the only proof is a person's sworn testimony but obviously, documentary proof or evidence, is preferable. A recent appellate decision out of Florida's 1st District Court of Appeals highlights this issue. In Chaney v. Fife, the Appellate Court decided last month that the slew of mistakes made by the trial court required the case be overturned. The underlying case involved issues of paternity, custody and child support. One of the many identified problems was that he trial court did not have any evidence to support its calculations for each party's federal tax liability. And worse, whatever evidence was presented was not written down by the Court it its findings of fact. Preparation and presentation of the underlying proof of the facts is crucial for trial.

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