If you and the other party are not able to settle your issues and reach a full agreement, the judge will have to set an “Evidentiary Hearing” or a “Trial” to decide the issues.  

What is the Difference Between an Evidentiary Hearing and a Trial?

An “evidentiary hearing” is a hearing where the judge makes a final decision about one part of the case (such as child custody).  A “trial,” on the other hand, is a final hearing where the judge will decide all remaining issues and grant a final order (such as a final divorce).

At both a trial and an evidentiary hearing, the judge hears from witnesses and considers evidence to make a decision. 

Trial Options

Starting in November 2024, litigants have the choice between two kinds of trial: an informal trial or a traditional trial. 

The Informal Family Law Trial Brochure explains both options in detail.  

In an informal trial, usually only the parties to case testify as witnesses.  The judge asks all the questions and the parties talk directly to the judge.  The parties can submit any evidence they want the judge to consider.  This is a shorter, simpler kind of trial for people who are not familiar with the technical, legal requirements of how to present evidence.  Both parties have to agree to this kind of trial, otherwise the traditional trial is used. 

A traditional trial allows the parties to present multiple witnesses.  The parties question their witnesses and cross-examine each other's witnesses. The parties make opening statements and closing statements, and are responsible for presenting all of their own evidence using the formal Rules of Evidence.  This is a more complicated kind of trial, and because the technical legal rules apply, the parties usually have attorneys or are very well versed in the law.  

Parties can use this form to designate which type of trial they would like: 

Trial Selection Form 

Preparing for Trial

There are many steps and deadlines to follow as you prepare for your trial or evidentiary hearing. Some apply to every kind of trial, and some only to a traditional trial.

Discovery

This applies to both kinds of trial.  Discovery is the process that allows each party to gather information to build their case. The purpose of discovery is to make sure that you and the other party have the same information that will be presented to the judge. It also helps both sides evaluate whether or not they would like to settle the case based on the evidence that will be presented at trial.

There are many different discovery tools available to both sides:

• Subpoenas: This is a request for someone to provide documents or appear in person to provide testimony. It must be issued by the Clerk of Court to be valid.
• Requests for Production of Documents: This is a written request to provide documents.
• Requests for Admissions: These are written requests asking that certain facts be admitted or denied.
• Interrogatories: These are written questions that must be answered under oath.
• Depositions: A potential witness is questioned under oath in the presence of both parties, their attorneys, and a court reporter. The judge is not present, but a transcript of the deposition may be presented at trial.

Because each case is different, there is no standard way to do discovery. You may need to consult with an attorney for assistance in understanding and conducting your own discovery.

Disclosing Your Witnesses and Exhibits

This applies to both kinds of trial, though an informal trial usually does not allow witnesses other than the parties.  You will need to decide what documents you want to present at trial and what witnesses you would like to testify. You must disclose the documents and witnesses you plan to present to the other party.

There are deadlines to disclose your list of witnesses and exhibits. The judge may have set these deadlines in the Order Setting Trial – check the order to find any deadlines for your case. If the judge did not set deadlines, the court rules require you to disclose your list of witnesses at least 45 days before trial, and documents must be disclosed at least 21 days before trial. If you do not disclose your list of witnesses and documents by the deadline, you may not be allowed to use them at trial.

Your Pre-Trial Memorandum and Financial Disclosure Form

This applies to both kinds of trial.  Before your trial or evidentiary hearing, the judge may order you to file a Pre-Trial Memorandum (the judge may also call it a "Pre-Hearing Brief"). This is a summary of the arguments you plan to present at trial, as well as a list of witnesses and evidence that you plan to use. There is no form available here since your pre-trial memorandum will be unique to you and the issues in your case.  The pre-trial memorandum must be filed by the judge’s deadline, and must be served on the other party.

Usually, you must also file an updated Financial Disclosure Form if property or financial issues will be dealt with at the hearing.

Option 1: Q&A Form Interview:

 Financial Disclosure Form DIY

Option 2: Complete Individual Form: 

Financial Disclosure Form (pdf)

Financial Disclosure Form (pdf fillable)

The Trial

You should first review the tips discussed in Preparing for Your Day in Court. 

On the day of your trial, arrive early to the courthouse so you have enough time to park, get through security, and get to the courtroom before your case is called. Bring copies of all the documents that you plan to use at trial.

Informal Trial:  The judge will ask the parties questions and ask for any documents they want the judge to consider.  

Traditional Trial:  The judge may allow each side to give an “opening statement.” This is a brief summary of the case you intend to present. Next, one party will call their witnesses. The party who called the witness to the stand will be able to ask questions first.  Witnesses are used to give oral testimony and also to verify any documentary evidence you want admitted into evidence.  When that person is done asking questions, the other party can ask questions through “cross-examination.” After cross-examination, the party that called the witness gets to ask any final questions, and then the other party is given one last chance to cross-examine.

Parties must follow the rules of evidence and raise objections if they think any testimony or evidence should not be allowed. 

Once the first party has presented all of their witnesses, the other party will call their witnesses and the process above will repeat.

When all of the witnesses are done testifying, the judge may ask each party to give a “closing statement.” This is a final summary of the evidence that was presented at trial and why the judge should rule in favor of that person.

For Both: The judge then considers all of the evidence presented and makes a decision. The judge may give their decision immediately in court, or the judge may want to think about the evidence for a while and issue a written decision later.

After the Trial

After the judge issues his or her decision, the decision is not enforceable until is it written and signed into an official order. The judge may pick one party to “prepare the order” from the hearing. It is that person’s responsibility to prepare the written order from the hearing, submit it to the judge for review, and send a copy of the signed, filed order to the other party.

If the judge asked you to prepare a final Decree, you can find a form to use depending on the kind of decree granted.  Visit Divorce Forms, Separation Forms, Annulment Forms, or Custody Forms to find the most common decrees.