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Step 5 - Hearing

Private
Public

 

The Final Hearing

 

You will learn:

 

             1.  The forms needed.
             2.  What to do at the hearing.
             3.  Judge's decision.

 

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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

 

4.  Exhibit List - JDF 72

 

5.  Subpoena - JDF 80 & 80.1

 

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.

 

 

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Learn More  –  Filling Out Forms

 

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2.  Terms

 

Permanent Orders

 

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

 

Witness

 

  • A person you ask questions to at the hearing.

 

Exhibit

 

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

 

Subpoena

 

  • A document that requires someone to attend a Hearing.

 

 

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3.  Plan for the Hearing

 

Why do this?

 

At the Permanent Orders Hearing, you will report what you want and why.

 

Outline

 

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

 

Witnesses

 

A witness gives facts to the Judge by answering your questions.
  • 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

 

Exhibits

 

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.

 

 

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Learn More  –  Evidence | Witnesses | Exhibits

 

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4.  Pretrial Statement

 

What is it?

 

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.
  • A list of the documents you will present at the hearing.
  • A copy of all the exhibits.
  • An updated statement on your finances.

 

Who files this?

 

  • 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.

 

When is it due?

 

Seven days before the hearing.

 

 

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Learn More  –  Parenting Issues & Law

 

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Learn More  –  Marital Debt & Property Law
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5.  Go to the Hearing

 

Give Your Position

 

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.

 

Oppose Other's Positions

 

  • 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.

 

 

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Learn More  –  Tips for the Hearing

 

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5.  Final Decision

 

What will the Court Do?

 

The Court will set the:

  • Parenting Plan
  • Child Support Payment

 

How Does the Court Decide?

 

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.

 

When Will the Decision Come?
 
  • 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.

 

Manage Your Disappointment

 

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.

 

 

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Back  –     Hearing Prep

 

Go To  –     Case Overview