If you live in West Palm Beach, Fort Lauderdale, Miami or anywhere in South Florida you are probably gearing up for tropical storm Freddy which just formed off the coast of Africa. Do you know what surviving a tropical storm and winning a will contest have in common? You are going to want to prepare for either. Whether it is getting bottled water or witnesses and evidence the fact remains the prepared party stands and the others do not. Are you prepared for the storm that’s coming tonight? Likewise are you prepared for your upcoming West Palm Beach will contest? Check out these three tips for preparing for the storm that is a jury trial.
Tip #1 – You Have to Request a Jury Trial
- You probably have a right to a jury trial in your West Palm Beach will contest.
- One thing many litigants forget though is that you have to request a jury trial or you may waive that right.
- Do you know if you even want the jury?
- Consider the facts of your case and who would side better with you the judge or the jury.
Tip #2 – Time is of the Essence
- Florida Courts including the probate courts in West Palm Beach so you want to act quickly.
- If you fail to allege a complaint in the proper time you may lose that claim forever.
- Furthermore if you are defending an action you have a limited time to assert a defense so act quickly.
- In some tort actions you may have years to assert a claim while in West Palm Beach probate the time limits may be as short as ninety days.
- Do you understand the statute of limitations?
Tip #3 – The Court is Not Going to Consider Family Drama
- Often times a client wants to explain the grounds for a will contest in family terms.
- “If you only knew what my sister was doing” is a common phrase uttered on the stand in a West Palm Beach will contest.
- You are going to have to prove the case to the court not use conclusions and family drama.
- Are you prepared to present the case in terms the jury can understand?
- Experience shows that juries take facts better than family drama but often times the evidence is scarce in a will contest.
Whether it is braving the storm or braving the jury you are going to want to be prepared.