Procedural Issues Complicate Family Law Cases

By |2019-10-26T06:58:51-05:00February 15th, 2017|

Procedural Issues Complicate Family Law Cases - Elgart v. BerezovskyThe law is extremely complicated, particularly when it comes to procedural matters. In some instances, the failure to follow procedural law can result in a dismissal of a case. In family law, the matters at stake often involve children, significant amounts of property, and support for the future—all things that are extremely important. Do not risk losing your case over a procedural issue because you failed to retain an experienced, knowledgeable attorney.

Courts also have considerable discretion in family law matters, and convincing the court to use this discretion in your favor can be challenging. A skilled attorney can be a valuable asset in these types of cases.

Case Example: Elgart v. Berezovsky

In Elgart v. Berezovsky, Levoritz Law Firm dealt with some interesting procedural issues. In that case, Levoritz Law Firm appealed the court asking for a mistrial based on delays before trial and several issues related to the subpoenas. The other party also appealed, arguing that several subpoenas were incorrectly permitted and that an expert should have been excluded from testifying at trial.

The defendant wanted the subpoenas to go forward with a child’s pediatrician, babysitter, grandparents, and teachers. However, the lower court did not allow the subpoenas to be sent to the child’s teachers. The plaintiff argued that the remaining subpoenas that were permitted by the court were not proper and should be overruled.

On appeal, the court determined that there was not enough information in the record to overturn the lower court’s ruling regarding the subpoenas. That meant that the defendant’s success in the lower court withstood the plaintiff’s appeal.

The other major issue was whether the lower court made a mistake in using its discretion by allowing the expert to testify at trial. The plaintiff argued that because the expert was not timely designated, enabling him to testify at trial was improper. The defendant was successful on that issue as well, and the court could properly consider the expert’s opinion.

Experts are a vital part of many family law cases, so allowing an expert to share his opinion is an essential element of the case. Convincing the court to use its discretion was crucial in that case.

Getting Legal Help with a Family Law Matter in New York

Each of these issues is not something that the average person considers without an attorney, but procedural matters like these are critical in family law cases and appeals. Finding a lawyer who understands matters of procedure is vital to a successful case. For more information on how significant having a New York attorney is for your family law matter, call Levoritz Law Firm at 718-942-4004.

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