1.  Forms

All Forms

 

All court forms

 

Individual Forms

If there is a hearing, you may need all, some or none of these forms.

Check your paperwork or call your court to check.

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.  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

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.

 

3.  Judge Review

• The Judge will review all the paperwork filed.
• The Judge will decide if a hearing is needed for the best interests of the child.
• If the Judge does not need a hearing, the Judge will enter an order about visitation.

Note: If you believe that there should be a hearing you can ask the court. Contact your court for instructions on setting a hearing.

4.  Plan for the Hearing

A hearing will only take place if:

1. A party requests it

OR

2. The Judge thinks it is in the best interests of the child.

Why do this?

 

You will tell the judge what visitation you want and why.

 

Outline

 

Plan out your report

• Issues  –  Know what the Judge needs 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.

Note: for grandparent visitation, you may or may not have witnesses. It depends on your situation.

 

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

Note: for grandparent visitation, you may or may not have 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.

 

5.  Pretrial Statement

Note: You may or may not need to submit this form for a grandparent visitation hearing.

*Check your court paperwork or contact your court if you are not sure.

What is it?

This form outlines the visitation 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.

 

Who files this?

 

• If none of the parties has a lawyer:
  • Then you will each file your own statement.
• If any party has a lawyer:
  • Then that lawyer will file a statement for all parties.
  • Send your portions to the lawyer 14 days before the form is due.

 

When is it due?

 

Seven days before the hearing.

 

6.  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.

 

7.  Final Decision

What will the Court Do?

 

The Court will make an order about:

• If the grandparents will have visitation time.
• What that visitation time will be.

 

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:

• Deciding 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 may not get exactly what 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.