Posted by Nydia Streets of Streets Law in Procedure
When presenting your Florida family law case to a court, it is crucial to know what evidence should be presented and how. Failure to present your case appropriately may result in you permanently waiving relief to which you may be entitled.
A good rule to remember in your Florida family law case is what you can prove is more important than what you know. You must have appropriate evidence in the form of witnesses and/or documentary proof of the claims you are making, and that evidence must conform to the rules in order to be considered.
Parties should understand that not all documents, recordings, text messages, etc. can be presented to the court. There are rules of evidence which prohibit the admission of certain items in a hearing. For example, most documents with written statements made outside of court are considered hearsay and are therefore inadmissible. Recordings illegally made may also be inadmissible.
As seen in the case Strawitch v. Strawitch, 214 So.3d 802 (Fla. 1st DCA 2017) presenting evidence is important even when a party does not object to a lack of evidence. In this case, the court ordered the former wife to repay overpayments of child support made by the former husband. To determine the amount of overpayment, the court relied only on the statements made by the former husband's lawyer. In reversing the trial court's decision on this issue, the appellate court held "Absent an agreement of the parties, the trial court needed an evidentiary basis for the amount of overpayment."
Presenting your best case and giving yourself the best shot to get your evidence admitted starts with having a Miami family law attorney on your side. Schedule a consultation to go over your best options.