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Dixon & Moseley | Attorneys At Law
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  5. What You Need to Know About a “Summary of Testimony” Being Admitted in Your Divorce or Other Civil Cases

What You Need to Know About a “Summary of Testimony” Being Admitted in Your Divorce or Other Civil Cases

On Behalf of Dixon & Moseley, P.C. | Oct 13, 2017 | Divorce

In many civil cases, particularly divorce preliminary and final hearings, the judge receives many types of information or evidence, from who should have the house, to the division of accounts and debts, to forks and household items.

Despite the clearest testimony and diligence of judge, it is hard to identify and track all of this information for the attorneys and judges during the dynamics of a trial. This blog covers a common tool many attorneys use that aids the judge in tracking these items and ultimately in the ruling: summaries of the testimony.

A summary of the testimony is a written document, usually, no more than a page, that lists what the party just testified about that is provided. This is discretionary on the judge’s part to receive it. Typically, these are not objected to as both sides may use these. So one common summary of the testimony is a breakdown of household items and how the party who just testified thinks they should be divided. They are not evidence, but one party’s desire on testimony how items should be divided.

The key is to make sure summaries of the testimony are accurate or they are subject to objection and exclusion as they are not summaries, but additional types of de facto “evidence”. However, sometimes during testimony, a mistake or change may need to be made and it is generally permissible to make this change on the summary document as long as it is noted in the record.

Ultimately, after the trial is over the judge can use summaries to aid with his or her notes, exhibits and the transcript divide the property in a just and reasonable matter as required under the dissolution act. An important note is that summaries of the testimony may be used in other civil litigation for the same purpose.

The key “summary of the testimony” in a complex divorce is the marital balance sheet. This shows, based on all of the financial testimony, how a party would like to see the marital estate divided. Different people, including judges, litigants, and attorneys, benefit from audible and visual representations of the evidence. So with the testimony and exhibits, a summary of the entire marital estate may be useful to the court in making its division.

Finally, where the parties desire to have a parenting plan that they want the court to accept that does not follow the Indiana Parenting Time Guidelines, it is most helpful to have a calendar to reflect how the plan will work on a day by day, week by week and month by month basis. One of the biggest problems with these non-traditional plans, even where the evidence reflects they are in the children’s best interests, are ambiguities that are not specified, which then leads to litigation. Sometimes the court will adopt this as a part of its actual order.

In the final analysis, a summary of the testimony can be a powerful way to memorize the testimony (and exhibits) the judge can use without having to go back to the transcript or exhibits. It can also break down the trial case in logical chunks and help organize testimony. For instance, assets-liabilities, child support, parenting time, and the like with a summary of the testimony being a good transition between each segment of necessary evidence in the case. These are particularly valuable in long or complex trials.

This blog post was written by attorneys at Dixon & Moseley, P.C. who handle simple to complex domestic matters throughout the state. It is not a solicitation for services or legal advice. It is an advertisement.

What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

How Many Days Do You Have to Appeal in Indiana? (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

Failure to Object: When Is an Issue Waived?

On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

How to Preserve Error for Appeal in Indiana

On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

Can a mother legally deny parenting time to an unmarried father?

On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

What Happens to the House in an Indiana Divorce?

On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

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Recent Posts

  • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
  • How Many Days Do You Have to Appeal in Indiana? (2026)
  • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
  • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
  • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

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