Making Agreements or Stipulations
We just talked about the lawyers meeting to review exhibits and make agreements about getting them into evidence. Lawyers can stipulate a number of things prior to trial. They can put together a statement of the facts — including all of the facts to which both sides agree — and reserve the right to argue about any contested facts. They can even agree about which facts are contested.
Lawyers can agree to have witnesses testify out of order, which can be a bit confusing, but it's far better than spending a lot of time arguing about it. For example, say one of your witnesses is a doctor who is only available on Thursday afternoon, but your spouse's case will probably be presented Thursday afternoon. The lawyers can agree the doctor can testify when he shows up at the courtroom. Lawyers and judges will usually make accommodations for expert witnesses because of the cost of bringing these folks to court. Many experts bill by the hour or half day, so it will cost a fortune if they end up sitting around for hours. Don't forget that money spent on experts is less money left in the marital pot to divide.
If your spouse's lawyer sets your teeth on edge, try to remember that this lawyer, like yours, has a job to do here. Although your spouse's lawyer may seem completely unreasonable, don't forget that she is representing your spouse's wishes. Part of a lawyer's job may be to get you upset, so don't play into the plan. Bite your tongue and stay calm.
Lawyers can agree to have a witness testify by deposition or video deposition. Suppose an expert who can help explain the value of your business has just gotten a contract to work in Bali for six months. Obviously, it would be too expensive to bring him back to trial, so his testimony can be preserved in a deposition where the lawyers conduct direct and cross examination as if they were in trial. Similar testimony can be presented by conference call, too.
Stipulations to exhibits, facts, valuation dates, and the order of witnesses are important aids to making the trial go smoothly. However, they can happen only if the lawyers meet prior to trial and reach these kinds of agreements. If real issues need to be litigated, it's probably wise to stipulate the less important stuff and focus on these disagreements. In other words, pick your battles.
