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Procedural Due Process in Your Orlando, Florida Area Marital and Family Law Case

You have certain procedural rights in your Orlando, Florida Marital and Family Law court case. The judge should give each party a fair amount of time to present their argument and case, whether you are in court for a hearing or trial. If a court does not allow you to present evidence and testimony, then the court may have violated your right to be heard.

The appellate courts will review whether a trial court denied the party to be heard for an abuse of discretion. However, whether a trial court has complied with the guarantee of due process is reviewed de novo. 

This can come into play in many situations. It is well settled that a party to be sanctioned for discovery violations must first be given notice and opportunity to be heard and offer mitigating or extenuating evidence as to why discovery did not take place. The trial court has a duty to control the proceedings, ensuring that both sides have a fair share of the court’s time. And both sides must be given adequate time to present their case. 

While the complete denial of the right to be heard is a due process violation, the trial court does have discretion in how it gives a party the opportunity to be heard. A trial court can abuse its discretion when it unreasonably denies a party the opportunity to call witnesses or testify on his or her own behalf. 

If the court gives one party an opportunity to speak and present their testimony at a  hearing, then they should give the same opportunity to the opposing party. When a court fails to give one party the opportunity to present witnesses or testify on his or her behalf, the court has violated the party’s fundamental right to procedural due process. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and arrange an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.