• Court's Forms Page

1.  Pretrial Statement - JDF 1129

• PDF Fillable   |   WORD
• Let the Judge know what issues need to be decided.
• Let the Judge know your opinions on those issues.

2.  Sworn Financial Statement - JDF 1111

• PDF Fillable   |   WORD
• Your financial information.
• This one includes any changes since the last time you filed this form.

3.  Witness List - JDF 71

• Sample   |   PDF Fillable   |   WORD
• Let everyone know who you plan to call as witnesses.

4.  Exhibit List - JDF 72

• Sample   |   PDF Fillable   |   WORD
• Let everyone know which documents you plan to submit.

5.  Subpoena - JDF 80 & 80.1

• Sample   |   PDF Fillable   |    WORD: 80  -  80.1
• This document requires someone to come to the Hearing.

6.  Motion for Absentee Testimony - JDF 1309 & 1310

• Sample   |   PDF Fillable: 1309  -  1310   |   WORD: 1309  -  1310
• Requests a witness to testify virtually or by phone.

• The term used for the final hearing in a custody case.
• The title for the Judge's final written orders.

• A person you ask questions to at the hearing.

• A document or other evidence given to the Judge for their consideration.

• A document that requires someone to attend a Hearing.

At the hearing, you will report your position on the motion to change the parenting plan.

Plan out your report

• Issues  –  Know what is left for the Judge to decide.
• Law  –  Know what the Judge can consider when making decisions.
• Facts  –  Know which facts the Judge can use to apply the law.

  Draft Outline

• Select which people have facts the Judge needs.
• Write questions you want to ask each witness.
• Prepare the witness by reviewing with them the questions you will ask.

A witness can volunteer to come to the hearing.

Or, you can require a witness to come.

• File a form called a subpoena
• Subpoena  –  JDF 80

A witness can talk about the documents you provide.

• Select which documents contain facts the Judge needs to know.

• Organize each document.  Label it with

  • A number (Petitioner), or

  • A letter (Respondent).

• Know which witness can talk about that document.

This form outlines the remaining problems the Judge will need to decide.

It will also include:

• A list of people you want to talk, at the hearing.
  • Witness List - JDF 71
• A list of the documents you will present at the hearing.
  • Exhibit List - JDF 72
• A copy of all the exhibits.
• An updated statement on your finances.
  • Sworn Financial Statement - JDF 1111 SC

• If neither parent has a lawyer:
  • Then you will both file a statement.
• If one parent has a lawyer:
  • Then that lawyer will file a statement for both of you.
  • Send your portions to the lawyer 14 days before the form is due.

Presenting Facts

• Focus on facts that will help the Judge decide the issues. 
• Ask questions to your witnesses.
  • This is called Direct Examination.
• Ask witnesses about your exhibits.

Tell your story

• Let the Court know your position and why.

• Ask questions of their witnesses.

  • This is called cross-examination

• Or, you may present exhibits that show that a witness is not telling the truth.

  • This is called rebuttal evidence.

  • The hearing is your once chance to show that a witness is lying.

The Court will decide if the parenting plan will change.

The Court will:

Look at Facts by

• Listening to the testimony, and
• Reviewing the exhibits

Determine the truth by:

• Deciding which witnesses are more believable, and
• Deciding which exhibits are more believable.
• This is called a credibility determination.
  • You cannot appeal credibility determinations.

Resolve any Conflicting Facts by:

• Decide which fact is more likely to be true.
• These, along with the undisputed facts, are called the findings of facts.

Apply the Law by:

• Taking the findings of fact, and
• Deciding what the law requires.

• Sometimes, it's the same day as the hearing.  Or,
• The Court may take a few weeks.
• Either way, written orders will be mailed to you.

You won't get everything you want.

• The Court has a hard job in making these tough decisions.

• The Court is trying to do what's best for the children.

Know strong emotions make it hard to recognize reasonable decisions.

You will be a parent with the other party forever.

• Your kid needs both of you.
• Now is the time to start building a positive relationship for the benefit of your child.