1.  Forms

All Forms

 

• Court's Forms Page

 

Forms List

You may need some, all or none of these forms. Read your Court Order or contact your Court to check.

1.  Witness List - JDF 71

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

 

2.  Exhibit List - JDF 72

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

 

3.  Subpoena - JDF 80 & 80.1

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

 

4.  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 a hearing.

 

Exhibit

 

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

 

Subpoena

 

• A document that requires someone to attend a Hearing.

 

Direct Examination

• When a party asks questions to their own witness.

Cross Examination

• When a party asks question to the other party's witness.

3.  Plan for the Hearing

Why do this?

 

• At the hearing, you will report your position on why you need the Clerk to sign the title to property.
• You want to prepare what to say to the Judge.

 

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

Note: You may be the only witness in this hearing. 

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.

If you are the only witness you can give a statement. You don't have to ask questions.

 

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 to the Judge.

• 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. Let the witness know they will talk about the document.

 

4.  Pretrial Statement

**You may or may not need this form for Motion for Clerk to Transfer Title. Please check your Court Order or contact the Court in your county.

What is it?

 

This form outlines what 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 neither parent has a lawyer:
  • Then you will both file your own statement.
• If one parent has a lawyer:
  • Then that lawyer will file a statement for both of you.
  • Check with the lawyer to make sure they will do this.
  • Send your information to the lawyer 14 days before the form is due.

 

When is it due?

 

Seven days before the hearing.

 

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.
• Ask the Judge to accept your exhibits.

 

Tell your story

 

• Let the Court know your opinion 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 one chance to show that a witness is lying.

 

5.  Final Decision

What will the Court Do?

 

• The Court will decide if the Clerk of Court will sign the title.
• The Court may put sanctions on the parent in violation.

 

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.

 

Court Orders Clerk to Sign Title

 

If the Judge signs the Order for the Clerk to Transfer title:

• The Clerk of Court can sign the title or other legal document.

• The other party does not have to sign the title or other document.

• If the Clerk does not already have the title you will have to provide it.

 

The document signed by the Clerk is just as valid as if the other party signed.