Tag Archives: testimony

Child Custody, Divorce, General Legal, Modifications, Visitation

Hearsay, Hearsay, Read All About It.

06/06/2016 BowTieLawyer 1 Comment

Hearsay is any out of Court statement that is used to prove the truth of the matter asserted.

Hearsay is basically ANYTHING that is said outside of the Courtroom by ANYBODY. It also includes writings, documents and many other things.

Most commonly hearsay occurs during witness testimony. Mom is testifying about how scared Beverly was when dad left her with the new and strange babysitter. However, mom did not see nor meet the babysitter. She didn’t even know she existed. Mom was trying to say that Beverly said the babysitter said “….”

Attorney: OBJECTION, HEARSAY.

Judge: SUSTAINED. DON”T TELL ME WHAT THE CHILD SAID OR WHAT THE BABYSITTER SAID.

The babysitter has to come testify or mom has to describe Beverly after dad’s weekend.

Mom: She came home distressed and sullen. Her eyes were red, as if she’d been crying.

Beverly told her what happened, so she called dad. Now mom can say what dad said because he and she are the parties to the case, an exception to the hearsay rule.

Your attorney should practice your testimony and how to deal with hearsay. You may always describe what you personally observed, what you did and what you said, and this is the way to possibly get around hearsay and/or having other witnesses involved testify.

Matthew Thompson is a family law attorney and encourages you to practice your testimony and telling your story without saying what somebody told you.

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You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

Crime, Divorce, General Legal, humor

Judges; Human Lie Detectors

03/24/2016 BowTieLawyer Leave a comment

“Do you swear or affirm the testimony you are about to give is the truth, the whole truth and nothing but the truth?”

All testimony is under oath. Judges apply the smell test to determine your truthfulness. Testimony that doesn’t make sense fails this test.

A man, after having been caught with his girlfriend, denied they were intimate because he could not…perform. There was testimony that he had issues in that department. However, he was also on medication for his ailments. He continued his medication even months after separating from his wife. He did NOT have a good explanation for that.

Judge knew he was NOT telling the whole truth. You can lose your credibility on something seemingly trivial. Judges listen intently and judge you. That is their job. If you lie about little things or are “cute” with your answers then they may assume you’ll lie about big things.

Matthew Thompson is a Divorce Lawyer in Mississippi and recommends you tell the truth and nothing but the truth…but only answer what is asked.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms.

Child Support, Divorce, General Legal

Tip of the Day: Speak with Efficiency

11/13/2015 BowTieLawyer Leave a comment

ef·fi·cient

(especially of a system) achieving maximum productivity with minimum wasted effort or expense.

(of a person) working in a well-organized and competent way.

Too often in Court, depositions, and generally responding to questions, witnesses provide too much information. In an attempt to tell the “whole truth” the facts get muddled and the point gets lost.

I routinely ask client questions that can be answered simply, but rarely get the simple, straight forward response.

“How much child support are you Ordered to pay?”

“”$750.00 per month.”

“Have you paid it?”

“Well, you see, I was going to, but my car broke down and then I was writing the check ,but she said I could’t get them…”

There may be a great explanation, but first things first. Did you pay? Are you in compliance with the Order? Yes or No? Then explain if needed. Don’t try to guess. Just answer what is asked.

A great tip for doing this is to practice with your attorney so that you know why the question is being asked. Said another way, begin with the end in mind.

Matthew Thompson is a Family Law Attorney in Mississippi and wants you to tell your story, but answer the question first.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

Divorce, General Legal

Testifying in Court; Where Saying Too Much Will be Used Against you.

09/30/2015 BowTieLawyer Leave a comment

If you or I answered questions in Court like any politician we might be held in contempt.

In Court, witnesses must answer the question asked. Usually the answer will be “yes” or “no,” and then an explanation may be offered if necessary. This can be very difficult to do and it takes practice to get this right.

Not answering the question with a “yes” or “no,” and not answering what was asked may result in the Court concluding you are being deceptive. This is not an impression you want to create.

As a witness, however, you only want to answer the question asked. Do not answer what is not asked and do not offer more than what is asked. The best example I can think of is when a party was asked if they had committed an affair with “Mary” since the separation.

The answer, “I have not committed an affair with ‘Mary’…since the separation.” There was an awkward pause. The awkward pause resulted in the follow-up question of when did you commit your affair with Mary. The party told on himself by not just saying “No” which would have been a completely truthful answer to the question asked.

Matthew Thompson is a Family Law attorney and warns witnesses to answer “yes” or “no,” explain if necessary, and sometimes less is more.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law. You may contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Child Custody, Crime, Divorce, General Legal, Opinion

Don’t Talk too Much.

06/17/2015 BowTieLawyer Leave a comment

There is a saying that Confession is good for the Soul. But, confession may not be good for your future.

The desire to confess, to tell someone your secrets can be overwhelming, that is why lawyers, counselors and pastors/priests exist. These professionals are bound to keep your business your business. This is because these communications are protected by privilege; attorney-client, doctor-patient, and/or priest penitent.

That person you just met is not bound by anything. They can tell anyone they please and more importantly could be compelled to testify if legal proceedings were ever to be had. Even if you said something that was not true this person could say you said it.

Also, telling people your business is bad business. You never know when that certain something comes back to bite you.

Matthew Thompson is a Family Law Attorney in Mississippi and warns clients to not “tell-all” to non-privileged individuals.

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You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms.

Child Custody, Divorce, General Legal, Modifications

Don’t YELL in Court!

05/13/2015 BowTieLawyer 1 Comment

Sometimes we lose our cool…

It happens to the best of us. “We” get excited, animated and emotional, but you need to try to keep that in check. Lawyers are guilty of this too!

Here’s the set-up. The Divorce Agreement provides that either “party shall receive advance notice of any out of state travel, overnight, with the minor child by the other parent.“

Not an unreasonable clause. It does not require permission, but notice.

So, one parent, on multiple occasions does not give the other parent notice. The unknowing parent finds out about the timing of the trips during their time with the child, after the trips have occurred.

What’s the harm you ask? Well, these parents live 2-states away from one another. Where was the undisclosed trip? Yes, the other parent’s home state, just a few hours away. A great opportunity for a visit! But, alas it did not happen.

Upon questioning the parent defended not telling the other because the second parent did not ask. Here’s where the yelling comes in.

“HOW DOES THE OTHER PARENT KNOW TO ASK ABOUT THE TRIP IF YOU DON’T TELL THEM ABOUT THE TRIP ?!?“

Silence.

Read more on Rotten Parenting, Terrible Parenting and being a Terrible Person.

Matthew Thompson is a Chancery Court Attorney and warns clients and attorneys alike to not yell in Court.

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You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms.

black bow

Divorce, General Legal

Testimony in Court; Answering Yes or No.

04/13/2015 BowTieLawyer 1 Comment

Testimony is nerve-wracking, but it doesn’t have to be that hard.

Courtroom sketch: Wired.com / Norman Quebedeau

A witness’s job is to tell the truth and answer the question asked. It is not to guess, to anticipate, to make-up, or change the story.

Judges routinely get irritated with a witness when asked a “Yes or No” question , but the answer begins with, “You see, what had happened was…”

There are 2 different sets of Rules when testifying.

1) You are called by your attorney or are a “friendly” witness. Under these circumstances you may not be asked yes or no questions of material importance. If you are, the other side may object due to “leading.” That is asking a question which suggest the answer.

Lawyer 1: You witnessed Jimmy kissing Jane, didn’t you?

Lawyer 2: Objection. Leading.

Judge: Sustained. Don’t lead your witness.

Lawyer 1: (asked one at a time)How do you know Jimmy? How do you know Jane? On what occasions, if any, have you seen them together?

2) When you are called by the adverse lawyer or are deemed a “hostile witness” then the questioning attorney may use leading questions.

Lawyer 2: You witnessed Jimmy kissing Jane, didn’t you?

Lawyer 1: Objection. Leading.

Judge: He’s on Cross Examination. The witness may answer.

Witness: Yes. (explain if allowed)

If the question can be answered with a Yes or a No, then you as a witness need to answer Yes or No. The Court will allow you to explain your answer, if necessary.

Matthew Thompson is a family law attorney in Mississippi and can handle the truth.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms.

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Divorce, General Legal

Advice of the Day: Know When to Shut Your Mouth

01/21/2015 BowTieLawyer Leave a comment

Everyday presents a lesson that we can take away and learn from.

Today’s “Advice of the Day” is: Know When to Shut Your Mouth.

When the Judge Orders you to Stop Talking? Stop Talking.
When the Other Side Agrees to What you Want? Stop Talking.
When Your Lawyer asks you to Stop Speaking? Stop Talking.
When you are Winning Greatly? Stop Talking.
When you are Losing Badly? Stop Talking.

Matthew Thompson is a family Law attorney in the Hospitality State and encourages you to ‘be still and listen.’

Follow the blog: BowTieLawyer Visit the website: Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms