Evidentiary Hearing

The most common use of evidentiary hearings for family law cases is when there is a request to modify an order as it relates to custody and/or parenting time. The first step is that a party will file a motion asking for the modification and the standard motion proceedings will occur (affidavits, motion hearing). If the Judge determines the burden has been met (either endangerment or best interest depending on the case) they will order an evidentiary hearing. The evidentiary hearing will essentially be a trial where both sides present their arguments regarding whether the modification should or should not happen. The Judge will then issues an order after the evidentiary hearing. See also trial cost letter / evidentiary hearing cost letter for additional information. More formal definition of hearing below:

An evidentiary hearing is a legal proceeding conducted before a judge or magistrate in a court of law. It is a formal session where both parties involved in a case present evidence and witnesses to support their positions and arguments. The purpose of an evidentiary hearing is to allow the court to consider and evaluate the admissible evidence relevant to the case.

These hearings are typically scheduled when there are disputed facts or unresolved legal issues that need to be addressed before a final decision can be made. Evidentiary hearings are common in various legal proceedings, such as civil and criminal cases, and administrative hearings.

During the evidentiary hearing, both sides have the opportunity to present their evidence, call witnesses, and cross-examine the opposing party’s witnesses. The judge or magistrate presiding over the hearing will make determinations about the admissibility of evidence and weigh the credibility and relevance of the testimony presented.