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-   -   How to move an Evidentiary Hearing in pro,per (https://www.askmehelpdesk.com/showthread.php?t=244794)

  • Aug 3, 2008, 09:37 AM
    m1clee
    How to move an Evidentiary Hearing in pro,per
    I am without representation and I filed 2 motions: 1. to determine the best interests of my children as it relates to moving schools; 2. to enforce the consent judment, which allows me to change schools if the other party stops paying for all fees. We are going to have an evidentiary hearing. I am the Plaintiff. How do I run the hearing?
  • Aug 3, 2008, 09:50 AM
    JudyKayTee
    Quote:

    Originally Posted by m1clee
    I am without representation and I filed 2 motions: 1. to determine the best interests of my children as it relates to moving schools; 2. to enforce the consent judment, which allows me to change schools if the other party stops paying for all fees. We are going to have an evidentiary hearing. I am the Plaintiff. How do I run the hearing?



    What State? Will a Judge be presiding?

    I think not being represented is a mistake (particularly if the other side has representation) but I'm sure you have your reasons.
  • Aug 3, 2008, 10:59 AM
    George_1950
    Quote:

    Originally Posted by m1clee
    I am without representation ... I am the Plaintiff. How do I run the hearing?

    As plaintiff/moving party, you will most likely have the burden of proof as to each motion. "Burden of proof can define the duty placed upon a party to prove or disprove a disputed fact, or it can define which party bears this burden." see: Burden of proof legal definition of Burden of proof. Burden of proof synonyms by the Free Online Law Dictionary.
    You must be able to present facts, not just argument, to prove your contentions (demands), which is the evidence you propose to use. Evidence is usually in the form of witness testimony, letters, business records, photos, etc. see: evidence - legal definition I would anticipate that you will offer your own testimony, so you will have to be sworn to tell the truth, and you will be cross-examined by the other side. And you will have the opportunity to cross-examine the other side's witnesses at the proper time.
  • Aug 3, 2008, 11:20 AM
    Fr_Chuck
    Yes, you will need to present evidence about the schools, about studies of children changing schools and so on, to prove your case.

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