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 12 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
- Ch. 8 Science, Opinion, and Experts; Ch. 9 Alternatives to Physical and Testimonial Proof; Ch. 10 Privileges; and Ch. 18 Florida Family Law Rules of Procedure are updated with new text and case notes.
- Ch. 17 Substantive Family Law is expanded with more than 200 summaries of recent cases on over 80 topics. Added are extensive new sections on dependency with more than 50 key cases on shelter orders (17.15.1), dependency adjudication (17.15.2), and termination of parental rights (17.15.3). Other topics with significant case developments include:
- Enforcement of Marital Settlement Agreements. 17.1.7
- Interpretation of Marital Settlement Agreements. 17.1.10
- Amount of alimony. 17.2.2
- Modification of alimony. 17.2.21
- Appeals: jurisdiction. 17.3.19
- Attorney’s fees; basis for award. 17.4.5
- Amount of child support. 17.5.3
- Modification of parental responsibility. 17.7.18
- Relocation. 17.7.24
- Equitable distribution: enhancement by marital funds or labor. 17.8.21
- Equitable distribution: findings of fact. 17.8.26
- Domestic violence injunctions. 17.9.1
- Stalking injunctions. 17.9.2
- Disqualification of judges. 17.10.1
- Preparation of final judgments. 17.11.14
NOTEWORTHY DEVELOPMENTS COVERED IN THIS EDITION
Florida Supreme Court determines that Frye, not Daubert, is the appropriate test for Florida courts to determine the reliability of expert testimony before allowing it to be admitted into evidence. 8.2
Section 61.075, Florida Statutes is amended to establish a formula based on the total reduction of mortgage principal by marital funds for determining the marital share of passive appreciation of nonmarital property. 17.8.21
Florida Supreme Court holds that biological father of a married woman’s children has the right to bring an action to establish his parental rights as long as he has manifested a substantial and continuing concern for the welfare of the children. 17.13.4
Florida Family Law Rule of Procedure 12.407(a) is amended to prohibit children who are witnesses, potential witnesses, or related to a family law case from being deposed or brought to a deposition, being subpoenaed to appear at a family law proceeding, or from attending family law proceedings without prior order of the court based on good cause shown. 18.49
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 withHigh 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.
