Skip to main content

Evidentiary Hearing

Before filing

  1. 1

    Confirm the matter genuinely requires evidence — and say so in the notice

    Notices must flag EVIDENTIARY with a time estimate; divisions reject motion-calendar settings for evidentiary matters.

Scheduling

  1. 2

    Special-set through chambers with a realistic estimate

    Under-estimating leads to continued half-heard matters; divisions say so explicitly.

Before the hearing

  1. 3

    Exchange and pre-mark exhibits per the division's instructions

    Exhibit procedures — including electronic exhibit portals — are division-specific.

  2. 4

    Arrange a court reporter if you want a record

    Court reporting is party-arranged in most civil settings; no record means limited review.

At the hearing

  1. 5

    Confirm remote versus in-person protocol and witness logistics

    Remote testimony often needs advance approval; several divisions require in-person evidentiary hearings.

After the hearing

  1. 6

    Submit a proposed order with findings of fact where required

    Rule: Proposed Orders: Word Format via Online Services — Division AO →

Steps marked “check the division's instructions” vary by judge — that variance is exactly what BenchPath tracks. Search your county and division for the specific requirements before relying on the generic sequence. Not legal advice.