Courtroom Answers for Florida Family Lawyers
Designed for courtroom use, the Notebook addresses the full range of issues likely to arise in the courtroom:
- Pre-Trial
- Course and Conduct of Trial
- Documentary Evidence
- Other Physical Proof
- Witness Competence and Disqualification
- Witness Examination Issues
- Witness Questioning and Answering
- Science, Opinion, and Experts
- Alternatives to Physical and Testimonial Proof
- Privileges
- Hearsay
- Hearsay Exceptions: Declarant Unavailable
- Hearsay Exceptions: Declarant Available
- Character and Habit
- Relevance and Materiality
- Other Rules Governing both Physical and Testimonial Proof
- Substantive Family Law
- Family Law Rules
Quickly find arguments and objections on the eve of trial, in court or during a recess. Florida Family Law Trial Notebook is a quick and easy reference to the law regarding every major substantive issue in marital and family law cases. Florida Family Law Rules of Procedure are summarized in plain English, complete with case annotations. Separate chapters are devoted to evidentiary issues most commonly encountered in marital law, including documentary evidence, trial testimony, witnesses, and hearsay.
Forty-five forms are provided in print and digitally to help speed your trial preparation. The collection contains
- Task checklist
- Motions to produce
- Motion to compel
- Motions for evaluation and examination
- Motion in limine
- Expert witness interrogatories
- Proof chart
- Admissibility of expert witness testimony
- And more
Florida Family Law Trial Notebook is the single source for answers to issues arising in family court. Its tabbed pages and unique organization help you solve the most difficult evidence, procedure, and substantive law questions. And, each year you receive concise summaries of important family law decisions decided by the appellate courts. Never miss out on changes in the law.
REVISION 14 HIGHLIGHTS
Quickly find answers to evidentiary and substantive law questions whether you are in the office or the courtroom with Florida Family Law Trial Notebook.
NEW WITH THIS EDITION
Chapters updated with new text:
CH. 1 PRE-TRIAL
• 1.1 Motions in Limine
CH. 3 DOCUMENTARY EVIDENCE
• 3.4.1 Requirement of Authentication
CH. 5 WITNESS COMPETENCE AND DISQUALIFICATION
• 5.1.1 General Rules of Competency
• 5.1.3 Lack of Knowledge
• 5.3.3.1 Rule Precluding Child’s Presence
CH. 6 WITNESS EXAMINATION: BASIC ISSUES
• 6.1 Court’s Control Of Trial And Questioning
• 6.2.1 Sequestration of Witnesses in Court
• 6.3 Interpreters And Translators
CH. 10 PRIVILEGES
• 10.3 Work-Product Privilege
• 10.4 Psychotherapist-Patient Privilege
• 10.10 Trade Secrets
• 10.17.1 Waiver Of Privilege
• 10.17.2 Effect Of Claim Of Privilege
CHAPTER 17 SUBSTANTIVE FAMILY LAW
• Over 200 summaries of recent noteworthy cases
AND MORE!
ABBREVIATED TABLE OF CONTENTS
CHAPTER 1 PRE-TRIAL
CHAPTER 2 COURSE AND CONDUCT OF TRIAL
CHAPTER 3 DOCUMENTARY EVIDENCE
CHAPTER 4 OTHER PHYSICAL PROOF
CHAPTER 5 WITNESS COMPETENCE AND DISQUALIFICATION
CHAPTER 6 WITNESS EXAMINATION: BASIC ISSUES
CHAPTER 7 WITNESS QUESTIONING AND ANSWERING
CHAPTER 8 SCIENCE, OPINION AND EXPERTS
CHAPTER 9 ALTERNATIVES TO PHYSICAL AND TESTIMONIAL PROOF
CHAPTER 10 PRIVILEGES
CHAPTER 11 HEARSAY BASICS
CHAPTER 12 HEARSAY EXCEPTIONS: DECLARANT UNAVAILABLE
CHAPTER 13 HEARSAY EXCEPTIONS: DECLARANT AVAILABLE
CHAPTER 14 CHARACTER AND HABIT
CHAPTER 15 RELEVANCE AND MATERIALITY
CHAPTER 16 OTHER RULES GOVERNING BOTH PHYSICAL AND TESTIMONIAL PROOF
CHAPTER 17 SUBSTANTIVE FAMILY LAW
CHAPTER 18 FLORIDA FAMILY LAW RULES OF PROCEDURE
ABOUT THE AUTHOR
Thomas R. Eineman was a James B. Angell Scholar at the University of Michigan and earned a Bachelor of Arts degree with high Distinction in 1979. He received his Juris Doctor degree from Wayne State University in Detroit, Michigan, in 1985. Mr. Eineman is Board Certified in Marital and Family Law by The Florida Bar. He is a member of The Florida Bar, the State Bar of Michigan, the Bar of the United States Supreme Court, the American Bar Association, the Hernando County Bar Association, and the Citrus County Bar Association. He previously served on the Marital and Family Law Certification Committee of The Florida Bar and was a member of the Steering Committee for The Florida Bar’s publication “Florida Dissolution of Marriage,” Sixth Edition. Mr. Eineman is “AV” rated by Martindale-Hubbell. Mr. Eineman was in private practice for 23 years before becoming a Circuit Court Judge for the Fifth Judicial Circuit in the State of Florida in 2014.
Mr. Neese –
This notebook has the goods you need in a divorce case. Case law for everything, and takes you through all the steps of the process. I scoured amazon for the best material to prepare myself to represent myself. This is the equivalent of a 1000 page book in size and content considering a typical book isn’t 8.5 x 11″. The “notebook” comes with a CD-ROM that has the content/material of each chapter (if you like to read from the monitor or search for something) and also many of the forms you’ll be looking for. Each chapter has numerous case citings which is exactly what you’ll want to include in your motions and pleadings. I am learning much about the law and trials in general with the material in this book…not just things specific to family law.
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Jackie –
I am a general practitioner and find myself doing more and more family law. It is difficult to find a resource that will be able to cover all the areas that you are faced with in family law. This is the perfect tool. It is easy to read, easy to find exactly what you are looking for and provides real practice tips. In addition, there are forms that can be used as well. I just received my 2014 update and they are now providing digital access to all the forms, graphics and text files. In addition I find the Substantive Law Section a tremendous help, with detailed excerpts of current case law. Finally, the loose-leaf format makes it easy to utilize and even take with you to court hearings.
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A.J. Grossman III –
Since opening my own family law practice in Winter Garden, Florida, we have used the James Publishing Florida Family Law Trial Notebook extensively. We have found that the “Substantive Family Law” section of the book is a fast way to get the information we need on various issues. That section is absolutely full of useful case law decisions relating to specific family law issues and is often a jumping off point for further research.
A small percentage of my family law cases actually go to trial, and when I need a resource to help me prepare a case for trial, I turn to this book first.
Chapter 7 titled “Witness Questioning and Answering” has been an incredible resource for trial prep. It helped me get up to speed faster than any other resource I had access to.
My office law library is relatively small, and this book will continue to have a permanent place on the shelf.
I highly recommend this book for any Florida family law practitioner.
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Ivan –
I use the case law summaries all the time. They save me a lot of time in narrowing down my research. The forms are excellent as well and the cd that accompanies the book is a real time saver.
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Erica Busch –
As a new attorney practicing in Family Law, I began searching the internet for some type of reference guide that was quick and easy to use. In addition, I needed something that was specifically geared to Florida law. A lot of the books I came across were either ones that reminded me of those overly excessive law school textbooks or out of date manuals that should no longer be sold. I’ll be honest, I wasn’t sure what I was looking for when I began my internet search…and I really didn’t know what to expect after ordering, but luckily this trial notebook beat my expectations! Not only is it super easy to locate specific issues and topics you want to quickly look up/research but it also includes the most up to date case law which makes research and preparing for hearings/trial a lot easier, as opposed to researching westlaw/lexis when you do not have time to waste. The Notebook comes with a CD with all the forms and chapters included in the physical notebook. Additionally, James Publishing offers yearly updates to the Trial Notebook! This Notebook is a great resource for a seasoned or new attorney!
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