
FDEP 62-770.900(2) 2005-2025 free printable template
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Hi it's Wendy Hernandez and today's video I'm going to talk to you a little about cases where it's he said versus she said or could even be she said vs she said, or he said versus he said in these types of cases or cases where it really boils down to what one person is saying versus what the other person is saying one person's word versus the other person's word and who the trier-of-fact which could be a judge or a jury is going to believe so in these cases credibility is at issue and in every family law case or every case it goes to trial the credibility of the witnesses that issue so what credibility means is how believable is each witness and there are a lot of things that the judge or the Trier of fact can look at in deciding whether to believe a witness just a list of a few of those things that the judge or the jury will look at are the person's manner while testifying meaning are they acting nervous are they pausing a lot before answering certain questions do they seem antsy do they start crying are they sweating all of these things can be considered in deciding whether to believe a witness some other things that a judge might look at are the person's nonverbal communication whether they get hostile when the other attorney or party is cross-examining them their ability to recall important events or details or dates and how specific they tell their testimony is when it relates to important events and there are more things that a judge or jury can look at in deciding whether to believe a witness that's just a list of few of the thing a beautiful thing so keep this in mind as you're getting prepared to testify in your family law case and also as you're getting your witnesses prepared to testify in your family law case in any case it's really important to practice your testimony and the testimony of your witnesses before you set foot in the courtroom I always set my clients down, and we go through a role-playing exercise sometimes twice three times and even four times before you go into the courtroom especially if my client is having some anxiety about testifying and most of them are because it's just not a natural situation to go into court and testify about something as personal as your case your kids your money and property and debts and things like that, so it really does help to practice so if you're able I would encourage you prior to going into the courtroom to get your questions or the areas that you want to focus on and sit down and have a family member or friend ask those things to you and practice and refine your answers also do the same with the witnesses that are going to testify on your behalf prepare your questions before ahead at the trial and sit with them and let them know what is going to be coming what you're going to be asking what you're going to be looking for when you're asking them about an exhibit for example and prepare them as well to be cross-examined by the other attorney this is a big mistake that people make...
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