They can be a helpful way of getting your point across to the judge and the other party clearly and concisely, particularly if you are nervous about speaking to the judge. If you prepare a position statement you should ideally send it to the court and the other party at least a day before the hearing.
Bring extra copies to court for the judge, Cafcass and the other party. For certain hearings the court will require all the documents and information that the court has to consider to be put into a file in a certain order with an index.
This file is called a bundle. Bundles are used in court by the judge and the parties. Each page of the bundle should have a letter and a number, for example A1, A2, B1, B2. Bundles make it easier for the judge and parties to refer to documents quickly. There should be an index, which is like a contents page, at the beginning of the bundle that lists all of the documents and page numbers. If neither the applicant nor the respondent have a lawyer, then nobody needs to prepare the bundle.
If you receive just the index to the court bundle and not the bundle itself then you will need to number your documents yourself in accordance with the index. If you do not have any of the documents then you will need to request them from the other party or the court. Remember to take your copy of the court bundle with you to court.
Always keep copies of anything you send to the court or to the other party and always keep anything you receive from the court or the other party. If you are concerned about your safety, or that seeing the other party face to face will make it difficult for you to take part in the hearing then you should consider the following:.
An example of why you may need screens or a live link is if you have been diagnosed with post-traumatic stress disorder and being in the room with the other parent will trigger a reaction or make it difficult for you to participate in the hearing. You may be required to provide a supporting letter from the doctor or psychiatrist.
If you intend to request screens or a live link you must inform the court as soon as possible to ensure that the equipment is available at the hearing. Always contact the court a few days before a hearing to make sure your special measures have been arranged. You should provide the court with details of any adjustments you may require to take part in the hearing, at the earliest opportunity. This can include, for example, wheelchair access and communication aids.
There is space to include this information on your court forms, however it is also a good idea to contact the court directly to ensure that they have made the appropriate arrangements. If you require language support then you can ask the court to provide an interpreter for your preferred language. Last Name.
Email Address. Phone Number. Tell us what happened. Phone: Map of Office Location. Find Us. Call Us. Call For Free Consultation You must ask your witnesses questions. You will also have a chance to question the other side's witnesses. Write out the questions you believe are important to ask beforehand so you do not forget them. List points you want to make so you can check them off as you make them. You can practice with your witnesses ahead of time.
Stress to them that they must tell the truth. In the courtroom, you start by asking the witness their name and address. If your witness is a counselor or other professional, ask:. Then ask specific questions about the information they have about your case. With the other side's witnesses, the other side will question them first. The judge will give you a chance to "cross-examine" them ask them your own questions. Never ask a question you do not know the answer to.
The answer may hurt your case more than help you. You can choose not to cross-examine a witness if you think they will just repeat their direct testimony. It might be better to wait and contradict their testimony, either with your own testimony or with the testimony of one of your witnesses.
In King County, you can make an appointment for a free half-hour with a lawyer at a Neighborhood Legal Clinic. You can also contact your local bar association for more resources. Fill out all your paperwork before going in for your appointment.
This way, the lawyer can better answer your questions. Visit Northwest Justice Project to find out how to get legal help. Read our latest Newsletter. LSC's support for this website is limited to those activities that are consistent with LSC restrictions. L aw H elp.
Text size: A A A. Washington LawHelp Helpful information about the law in Washington. Get Legal Help Eviction Help. Search for resources and organizations in this language Advanced Search. We wrote these tips for family law cases but you can also use most of them in other types of civil cases.
You can find all the fact sheets we link to here at WashingtonLawHelp. This might help. Do I need a lawyer? How do I find a lawyer?
What if I cannot afford a lawyer? Getting ready for and taking part in a trial or hearing is complicated. We offer just a few tips here. What should I know about witnesses? I gave the other party my witness list. They did not give me one. Who should my witnesses be? The court might expect friends and relatives to support your story. How can I make sure my witnesses come to trial? Do I need to give the court any forms? Whenever you file something with the court, you must give the other party a copy of it.
What else should I bring to court? How should I handle myself in court? You can: Ask yourself questions and then answer them. Tell a short story about your side of the case. How do I question witnesses? If your witness is a counselor or other professional, ask: what their job is what their educational degrees are how long they have been doing their job Then ask specific questions about the information they have about your case.
What if I need more help? Be in the courtroom at least fifteen minutes before the trial is set to start. If you're facing criminal charges, talk to your attorney about your options and possible defense strategies. Attorneys must make many tactical decisions but the more you understand, the better you can help your own defense. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. The preliminary hearing tests the prosecutor's decision to bring the case and serves to protect individuals from unfounded criminal charges.
Differences Between Preliminary Hearings and Trials Preliminary hearings serve to protect the defendant from unfounded criminal charges—making sure the prosecutor has sufficient evidence to allow a criminal trial to go forward.
These hearings also differ from trials in other respects, such as: Length. Preliminary hearings are much shorter than trials. A typical preliminary hearing may take from a half-hour to two hours, while some only last a few minutes. Trials can last hours, days, or weeks. No jury. A judge not a jury will conduct a preliminary hearing. Trials can also be conducted by judges alone called a " bench trial " , but preliminary hearings never involve a jury.
Burden of proof. The burden of proof , while still on the prosecution, is much lower during a preliminary hearing than it is during the trial. At trial, the prosecution has the burden of proving each element of the charged offense s beyond a reasonable doubt.
But at the preliminary hearing, the prosecution need only show probable cause exists—in other words, enough evidence to justify a belief that a crime occurred and the defendant committed it.
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