Melinda Eitzen talks with Brittney Bramlett, a partner at Duffee + Eitzen, about what it truly means to prepare for trial in family law cases. They explain why trial preparation begins at the very first consultation, even when settlement is the ultimate goal. And how early strategy impacts every stage of a case.

They discuss how trial timing varies by county, the importance of running both the settlement and trial tracks simultaneously, and why thorough client preparation is critical to helping clients tell the truth clearly and effectively in court.

About the Guest

Brittney Bramlett is a partner at Duffee + Eitzen and an experienced family attorney and mediator.

Key Takeaways About Prepping for Trial in Family Law

● Trial Prep Starts Immediately: Preparation begins at the first consult, even if the goal is settlement. Every decision early on impacts trial readiness.

● Deadlines Aren’t the Whole Story: While hard deadlines exist, best practice often requires preparation well in advance, especially for experts and document production.

● Expert Preparation Takes Time: Experts may need to be designated 120 days before trial, but meaningful expert preparation starts earlier.

● Document Timelines Matter: Some documents require 60 or more business days to gather and tender, making early planning essential.

● Trial Timing Varies by County: Depending on the jurisdiction, trial settings may occur in as little as 45 days or take more than a year.

● Two Tracks Are Always Running: Attorneys prepare simultaneously for settlement and trial. Courts like Dallas County now require mediation before trial.

● Client Preparation Is Critical: Being questioned in court is unnatural and stressful. Clients should understand their goals, the narrative of their case, and practice testimony more than once.

● Telling the Truth Well Matters: There’s a difference between telling the truth and telling it effectively. Preparation helps clients communicate honestly, clearly, and confidently.

● Witness Types Matter:
– Lay Witnesses: Friends, family, teachers, and treating therapists
– Expert Witnesses: financial and custody forensic experts, and other specialized professionals

Episode Summary

Melinda Eitzen talks with Hunter Lewis, a partner at Duffee + Eitzen, about the realities of litigation in family law cases. They explore what effective litigation really looks like—from client preparation and pleadings to evidence, trial strategy, and appellate considerations.

Hunter explains why honesty and full transparency from clients are essential to building an effective litigation strategy. Because courtrooms are an unnatural environment, thorough preparation and storytelling rooted in truth are critical. Melinda and Hunter also discuss the importance of properly drafted pleadings, handling cases involving family violence, navigating varying county evidence rules, and preserving the record for appeal. This episode provides a practical look at what goes into strong family law litigation from start to finish.

About the Guest

Hunter Lewis is a partner at Duffee + Eitzen and an experienced family law litigator.

Key Takeaways About Litigation in Family Law

● Client Transparency Matters: Clients help their attorneys most by sharing everything—not by trying to leave a good impression. Effective litigation relies on complete information to build strategy and tell the client’s story.

● Preparation Is Critical: Court is an unnatural environment. Thorough client preparation helps reduce uncertainty and improves courtroom performance.

● Honesty Wins: The most effective litigation strategies are rooted in truth. Taking ownership of the facts builds credibility, and judges respond to honesty.

● Pleadings Can Decide a Case: Poorly drafted pleadings can eliminate claims or entire cases. Pleadings must align with statutory requirements and be specific enough to preserve appellate rights.

● Evidence Rules Vary: Evidence rules can differ by county and court. Staying current with local rules is critical—failure to do so can result in excluded evidence.

● Motion for Directed Verdict: This motion argues the opposing party has failed to meet their burden of proof and is made after the other side rests but before presenting your case.

● Protecting the Record: Proper record-keeping is essential to support appeals or prevent them altogether. A clean record can make or break an appellate outcome.

Melinda sits down with family law attorney Philip Moore to explain summary judgments and their role in family law cases. Summary judgments allow a judge to rule without a full trial when the facts aren’t in dispute, helping resolve cases quickly and efficiently.

Philip discusses how summary judgments are used in both divorce cases and post-divorce modification actions. They explore what constitutes a substantial change in circumstances for modifications, the types of motions available, and timing considerations under Texas rules. The episode also covers drafting strategies, how judges review summary judgments, and practical advice.

About the Guest:

Philip W. Moore, Jr. is a family law attorney of Moore Family Law practicing in Frisco, Tx. To contact, please call (214) 764-8033 or visit Frisco Divorce Attorney | Moore Family Law, P.C.

Key Takeaways About Summary Judgements in Family Law:

- Definition: Summary judgments are a procedural tool used when the facts are undisputed and no genuine issue of material fact exists. The judge can rule as a matter of law without a trial.

- Purpose: They help avoid jury trials, resolve cases early, and streamline litigation.

- Applicable Cases: Used in divorce cases and post-divorce modifications.

- Modifications: Only substantial changes qualify, such as serious health issues, abuse, or parent arrests. Normal life events like children aging, minor schedule changes, or remarriage usually do not meet the threshold.

- Types of Motions:

- Traditional Summary Judgment: Can be filed anytime after the party has appeared.

- No-Evidence Motion: Can be filed when the opposing party has produced discovery; must be filed at least 21 days before the hearing.

- Reply: Allows the moving party to respond if the opposing side has produced discovery that still fails to establish a material fact.

- Drafting Considerations: Include statements, intentions, or acknowledgments regarding foreseeable changes when preparing orders.

- Judge Preferences: Some judges prefer detailed written submissions, while others also allow oral presentations at the hearing.

- Timeline Rules:

- 21 days’ notice before the hearing is required.

- Responses are due 7 days before the hearing.

- No strict deadline exists for replies to the response under Texas Rules of Civil Procedure.

Notable Quotes About Summary Judgements:

“Summary judgments are a way to resolve cases when the facts aren’t in dispute—saving time and avoiding a jury trial.”

“Only substantial, material changes rise to the level required for modification—things like health issues, abuse, or arrests, not minor life events.”

“Judges vary: some like to read all submissions in advance, others want a clear oral presentation at the hearing.”