The Final Hearing
You will learn:
1. The forms needed.
2. What to do at the hearing.
3. Judge's decision.
1. Forms
- Forms Kit
A packet with all the basic forms you need.
- Individual Forms
1. Pretrial Statement - JDF 1129
- Sample | 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
- Sample | 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.
2. Terms
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Permanent Orders
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- The term used for the final hearing in a custody case.
- The title for the Judge's final written orders.
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Witness
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- A person you ask questions to at the hearing.
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Exhibit
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- A document or other evidence given to the Judge for their consideration.
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Subpoena
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- A document that requires someone to attend a Hearing.
3. Plan for the Hearing
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Why do this?
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At the Permanent Orders Hearing, you will report what you want and why.
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Outline
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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.
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Witnesses
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- 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
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Exhibits
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A witness can talk about the documents you provide.
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Select which documents contain facts the Judge needs to know.
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Organize each document. Label it with
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A number (Petitioner), or
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A letter (Respondent).
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Know which witness can talk about that document.
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4. Pretrial Statement
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What is it?
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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
- A list of people you want to talk, at the hearing.
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Who files this?
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- 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.
- If neither parent has a lawyer:
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When is it due?
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Learn More – Marital Debt & Property Law
5. Go to the Hearing
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Give Your Position
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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.
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Oppose Other's Positions
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Ask questions of their witnesses.
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This is called cross-examination
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Or, you may present exhibits that show that a witness is not telling the truth.
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This is called rebuttal evidence.
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The hearing is your once chance to show that a witness is lying.
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5. Final Decision
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What will the Court Do?
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The Court will set the:
- Parenting Plan
- Child Support Payment
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How Does the Court Decide?
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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.
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When Will the Decision Come?
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- 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.
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Manage Your Disappointment
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You won't get everything you want.
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The Court has a hard job in making these tough decisions.
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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.
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