In every court proceeding, a court reporter takes down EVERYTHING that all parties say. Or, there is a video recording made and the court reporter transforms the video into writing. The "record" of the proceeding must accompany any appeal. If you appeal, you must pay the cost (usually per page) for the court reporter to create a written record.
Appeals courts only use "the record" of court proceedings when there is an appeal. You can argue that the judge made a bad decision based on "the record" sent to the appeals court. You have to indicate, with the statutory law and/or case law that applies to your situation and show how the judge "abused his/her discretion" in making the ruling that was made.
If you are given an opportunity, you should "create a record" that indicates why your position is correct. That way, if you lose, the appeals court has "on record" that you objected to the court's ruling and why.
Just remember, everything you say is "on the record." So, don't argue with the judge or the other party involved. Just speak your peace calmly and indicate why your ex's position is wrong.
You must attach a copy of "the record" when the case, if necessary, goes to the appeals court.
Make your arguments without degrading the judge, because, remember, the record may have to go to the appeals court. If you go off on the judge or your ex, the record will NOT look good for you. So, once the judge says s/he is done hearing the motion and the arguments made by the parties, just let her make her decision.
If the ruling is unfavorable to you, then order the transcript of the hearing and appeal. Depending upon the length of the hearing, a transcript may be expensive. But you will need it if you have to appeal.
At the hearing, don't want to say anything about the judge or your ex that is degrading. You want to be seen as cool headed party. And, no matter the outcome of the proceeding, just say "thank you, XXXXX XXXXX" and leave. Save any unlawful decisions made by the judge for the appellate
court. You will look MUCH better that way.
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