When it comes to divorce, child custody, and other family law disputes in Indiana, documentary and testimonial evidence can make or break your case. But navigating the rules of evidence is not always easy, even for seasoned litigants. The assistance of experienced counsel can help you navigate ways to introduce your evidence to the Judge. This blog will discuss four evidence pitfalls that trample many family law parties and how to avoid them.
Hearsay is a big one. Hearsay are statements made outside of court that are offered to prove the truth of the matter asserted and are generally not admissible as evidence in Indiana courts. However, there are tons of exceptions to the hearsay rule. Common hearsay issues in family law include: out-of-court statements by children about abuse or neglect; text messages or emails from the other party; second-hand accounts of the other party’s behavior; and unsworn written statements from witnesses. It is important to know the exceptions and present evidence through live, in-court testimony whenever possible.
To be admitted, documents and other physical evidence must be properly authenticated. This means you have to show the item is what you claim it to be. Some issues arise for social media posts and online records; financial documents from the other party; recordings (audio or video); and personal emails or text messages. Avoid authentication issues but gathering comprehensive foundational evidence. Get certified copies, introduce through witness testimony, and create clear chains of custody.
Courts only allow relevant evidence – that which tends to make a fact of consequence more or less probable. Irrelevant evidence, no matter how compelling, will not be admitted. Common relevant pitfalls include: bringing up the other party’s past indiscretions; submitting evidence about issues unrelated to the case; trying to introduce evidence that is just emotionally charged; and failing to tie evidence directly to the legal standards. When in doubt work closely with your attorney to ensure every piece of evidence is clearly relevant to the legal issues at hand.
Certain communications are protected from disclosure by legal privileges, like the attorney-client privilege or spousal privilege. Introducing privileged evidence can get it excluded or land you in hot water. Tricky privilege scenarios include: communication with your divorce attorney; discussions between spouses, even if separated; statements made during mediation or counseling; and information shared with mental health providers. Tread carefully, and work with your lawyer to identify and protect privileged information. Exceptions may apply, but you need to know the rules.
Mastering these four rules are crucial for success in any Indiana family law case. It is important to know the exceptions and study the rules so you can properly introduce key evidence. Create comprehensive records and authentication trails from the start and work with your attorney to ensure every piece of evidence is legally relevant. Identify protected information and take steps to maintain confidentiality. An experienced attorney will be able to assist you and ensure that your evidence complies with the rules of evidence. The attorneys at Ciyou & Associates, P.C. have a comprehensive background in family law with a long history of practice in Indiana. We are here to help you with your family law matter. This blog was written by attorneys at Ciyou & Associates, P.C. and this blog is not intended as specific legal advice or a solicitation of services, as this is an advertisement.
