Kayden's Law
The amount of factors the Court must consider under when awarding custody.
What is 19? (23 Pa. C.S.A §55328(a)) (sort of a trick question as (a)(2) has 3 subsections
On direct exam, Mother testifies in a custody hearing that, “My neighbor said that my husband is beating the children. That’s why I am saying he is beating the children.”
What is Rule 801– hearsay
These are 2 of 3 approaches to valuation
What is the income, market or asset approach?
The appellant is required to file this along with the brief, it is an abridged version of what transpired below.
What is Reproduced Record?
Still on the docket but nowhere to be found? The judge’s glare says it all.
What is failure to appear when still attorney of record?
This is the burden of proof for supervised custody.
What is Preponderance of the Evidence of ongoing risk of abuse?
During a support trial, the accountant testifies that Wife’s business frequently took payments in cash but would immediately record the cash payments in QuickBooks, complete a bank deposit slip, and deposit the cash within 24 hours.
What is Rule 406 – evidence of habit or routine practice
This is the standard of value in a business valuation.
What is the fair market value?
These types of orders are generally not appealable because the matter is not finished and therefore not ripe for appellate review.
What are Interlocutory, interim orders?
In court, cutting someone off mid-sentence isn’t called “spirited advocacy” — it’s called this.
What is interrupting the judge or opposing counsel?
This definition now includes "stalking."
What is the definition of abuse?
During the course of a custody trial where Mother is seeking primary physical custody of the children, counsel for Father attempts to admit correspondence between counsel negotiating proposed 50/50 custody orders as exhibits in an attempt to prove that Mother has already agreed to an equal custody arrangement. Mother’s counsel objects. Admissible or not admissible?
What is Rule 408 – prohibition on admission of negotiations for the purpose of proving that Mother has conceded her request for primary physical custody.
This type of goodwill is unique to the business owner.
What is Personal goodwill?
In a children’s fast track case, you are required to file this along with your Notice of Appeal
What is Concise Statement of Errors?
That “emergency” filing because your clients can’t decide who has the kids for Groundhogs Day? It might fit here in a judge’s hall of frustration.
What is filing emergency petitions for non-emergencies?
The Consideration of Criminal Conviction now includes these additional crimes. (At least two, but a pat on the back for all 7)
What is Simple Assault, Recklessly Endangering Another Person, Interference with Custody of Children, Cruelty to Animals, Aggravated Cruelty to Animals, Animal Fighting, and Possession of Animal Fighting Paraphernalia.
Of note: Conviction is not determinative in custody award. s totality of the circumstances in the best interests of the child(ren)
During a custody trial, maternal grandmother testifies that in her opinion, Father suffers from undiagnosed bi-polar disorder, and in her opinion, that Father is not fit to care for the children due to his mental health. Father’s counsel objects.
What is Rule 701 – Grandmother’s opinion on Father’s mental health does not fall within permissible opinion testimony by a lay witness.
This is the typical number of years an evaluator will need to conduct a business valuation.
What is 5 years?
The trial court has the option to file one of these after the final order and after the appeal matter is opened.
What is a 1925(a) Opinion; supplemental opinion?
Skipping this pre-hearing conversation turns simple issues into full-blown courtroom drama.
What is not speaking to opposing counsel before a court appearance?
If after considering the factors in 5328, conviction, abuse and criminal charge, the Court finds a history of abuse to child, the Court must include this in their Order.
What are safety conditions/restriction to keep the child safe; basis for the condition and why its in child's best interest; and basis for unsupervised visits after a finding of past abuse?
The following are examples of what under the PA Rules of Evidence:
a. Testimony of a witness with knowledge
b. Nonexpert opinion about handwriting
c. Comparison by an expert witness or the trier of fact
What is Rule 901 - methods of authenticating evidence
This discount recognizes the longstanding principle that liquidity creates value while illiquidity diminishes value.
What is the lack-of-marketability discount?
The principal brief of an appellant or appellee cannot exceed 14,000 words; an appellant’s elected reply brief cannot exceed this number of words.
What is 7,000?
This logistical misstep leaves clerks scrambling, witnesses waiting, and tempers flaring — all because you didn’t bring enough of these.
What is failing to have enough copies of exhibits?