The Basics
Your case will be set for hearing within sixty (60) days after the defendant files an answer. A notice to appear will be mailed to you well in advance of the date and time of your hearing.
Appear for your hearing on time. Cases are set every 30 thirty minutes so your case will begin without you if you are late. You are advised to bring all witnesses and evidence necessary to establish and prove your claim. You will not be able to provide additional information to the court after the hearing.
The hearing officer may render a decision about the case at the hearing or may take the case under advisement. If taken under advisement the judgment will be mailed to each party within ten (10) business days following the hearing. Remember, the decision of the hearing officer is final and cannot be appealed.
How to Prepare for your Hearing:
- Make a timeline of the facts that support your case.
- Know the law that supports your position and how the facts fulfill the requirements of the law.
- Have three sets of the documents you wish to introduce to support your case. You will need copies for yourself, the judge and the opposing party.
- Make sure your documents are in the order you wish to present them. Evidence can be anything you think might support your case. This could include bills, receipts, letters, police reports, contracts, canceled checks, damage estimates or deeds.
- If you have any witnesses, make sure in advance that they will be available to appear at the scheduled time. If you have witnesses that will not agree to voluntarily attend, it is possible to have the clerk issue a subpoena ordering them to appear. Subpoenas should be issued two to three weeks in advance of the court date.
Order of Hearing:
The plaintiff will present his or her case first. The plaintiff has the burden of proving his/her claim. In a civil matter, the burden of proof is by the "preponderance of the evidence" meaning, more likely than not their claim is true. The plaintiff may call witnesses and present evidence to the court. The defendant may cross-examine the witness. When the plaintiff finishes presenting his/her evidence the Defendant may then call witnesses and present evidence.
Here are a few suggestions as you prepare for your hearing:
- Briefly introduce yourself to the judge and in one or two sentences summarize your case.
- Practice what you plan on saying before you appear in court.
- Be clear and concise in stating the facts.
- Dress appropriately. You do not need to wear a suit but dress conservatively and not in distracting clothing. Your attire should reflect respect for the court.
- Address the judge or hearing officer as "your honor" and your opponent and witnesses by their last names (i.e. "Mr. Johnson" and "Ms. Flores").