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Summary Exhibits at Trial


Summary:  Whenever there is a dispute as to wasted or hidden cash assets and income, use a summary chart to prove your point.   Use it to summarize and simplify your case. Too many disputed issues are lost because the judge has no way of understanding the numbers. A chart also helps to settle a case without a hearing, since it proves that you know of the wasted or hidden assets.


Communicate Your Case With Summary Exhibits

In many hearings, the judge may not understand what you are trying to prove.  Judge’s orders too often show that the facts were not understood or properly taken into account.

The judge may not understand because the testimony is conflicting and because the numbers are too complex or disorganized to understand. It is your job to prove your case, not the judge’s burden to figure it out.

One of the biggest mistakes that is made at a hearing (trial) is that the argument is not supported by understandable evidence.  In most cases because the evidence is disorganized. In other words, the case was not properly prepared.

Particularly when there are issues of complicated numbers, such as financial issues, use a chart to summarize the numbers and support your conclusion.

For example, if the other party has wasted (or hidden) a lot of money and improperly incurred a lot of credit card charges recently, you might show this with a summary in chart form.

Cash spent or transferred:  Date of Transfer:  Amount:

1. IRA liquidation: June 1; $13,000.00

2. Salary received: June 15; $ 2,200.00

3. 401(k) loan: June 17;  $12,000.00

4. Credit Card advance: June 29; $ 6,000.00

5. Salary received: June 30; $ 2,200.00

6. Credit Card advance: June 30;  $ 800.00

Total Cash in June: $36,200.00

Debt Increase:

1. Mortg paid by credit: June 3; $ 1,400.00

2. Gasoline by credit: June 4;  $ 40.00

3. Groceries by credit: June 5; $ 500.00

4. Liquor by credit: June 5; $ 45.00

5. Utilities by credit: June 7;  $ 200.00

6. Restaurant by credit: June 10; $ 95.00

7. Clothes by credit: June 11; $ 450.00

8. Gasoline by credit: June 11; $ 40.00

9. Restaurant by credit: June 12; $ 85.00

10. Las Vegas Airfare: June 16; $ 600.00

11. Las Vegas Hotel: June 17; $ 220.00

12. Las Vegas Concert: June 17; $ 140.00

13. Las Vegas Cash Adv: June 17; $ 600.00

14. Groceries by credit: June 19; $ 600.00

15. Gasoline by credit: June 21; $ 40.00

16. Gasoline by credit: June 25; $ 45.00

17. Jewelry by credit: June 25; $ 1,000.00

18. Groceries by credit: June 25; $ 550.00

19. Restaurant by credit: June 26; $ 70.00

20. Liquor by credit: June 27; $ 35.00

Total Debt Increase in June; : $ 6,755.00

This example is a close approximation of an exhibit which I used recently. It worked well to show that the other party was hiding more than $20,000 of money.  In that case, the family had no savings or investments.  In other words, the loss of money was a hardship to my client and the 2 children.

The judge ruled in my client’s favor.  The other party was shocked (partly because the other attorney had advised her client that the judge would disregard the wasting/hiding and rule favorably.)

You can use a similar type of chart to show self-employment or business income.

Advise the Other Party That You Know What You are Doing

You can often save money and time by avoiding a hearing if you use a chart to show that you know that money has been hidden or transferred to others.

This is a good way of advising the other party that you know what you are doing.

Exhibits have to be provided to the other party and the court well in advance of the hearing.

GIF The material on this web site is for informational purposes only. This law firm practices only in Colorado. An attorney-client relationship is established only when an agreement as to the scope of representation and fees has been signed and a retainer paid. Colorado law may consider these web site materials to be attorney advertising. GIF
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