Order transcripts from other proceedings to impeach the reputation of your opponent

Posted May 27th, 2016.

Categories: Custody Tips, Family Law.

transcripts mark guralnick

Fast forward to your custody trial. Your ex-husband (or ex-wife) is sitting on the witness stand. He testifies that he can provide the calmest, safest, most wholesome and most nurturing environment for the children. Now it’s time for cross-examination.

You approach the witness and you have in your hands the transcript of his domestic violence case with his previous wife. Let the cross-examination begin…

Then you pull out the transcript of the drunk driving trial three years earlier, in which your ex described his lifelong battle with alcohol. Before it’s over, you’ve successfully impeached your ex with his own words–sticking him with his own testimony, given under oath, at other court proceedings.

All because you were smart enough to order the transcripts!

If you know that your ex-husband or ex-wife have been in court before, whether for domestic violence, criminal charges, or prior divorce or domestic relations proceedings, think about ordering the transcripts of those court hearings. You can usually purchase the transcripts from the court recording office or a court stenographic department.

Then read the transcripts carefully. Tab them and annotate them. Find useful excerpts that can be cited in cross-examination….and listen attentively when your ex testifies to spot any inconsistencies in his testimony. Highlighting inconsistencies and showcasing prior instances of misbehavior can help you win your custody case.

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