Previous Next Back to Employee Rights Resources Back to TLSC Home Page

How to Prepare for a Hearing

Disclaimer: These materials give specific information about the procedures that a litigant must follow in a suit in the San Antonio Division of the United States District Court for the Western District of Texas. Different requirements may apply under the Local Rules and standing orders of other federal courts outside the Western District of Texas. Also, the information presented in these pages is for educational purposes only, and does not constitute legal advice. Every case is different, and the correct legal answer always depends on the facts of the individual case. If you want a legal opinion about your own case, you should seek help from a licensed attorney.

Preparation is a big step toward winning in a hearing. Most attorneys know this, yet still fail to properly prepare. As a pro se litigant, you should always over-prepare in order to gain any possible advantage over an opposing attorney who may be overconfident or who may procrastinate and try to "wing it." Here are some ways to prepare:

1. Find out where you stand with respect to the law.

To start preparing, you need to identify the issues the judge will consider at the hearing. These should be mentioned in the motion that the judge will rule on in the hearing. The issue or issues at the hearing will involve one or more of the things that the person making the motion must prove in court in order to get what they asked for in that motion. Read the rules and laws that apply to the motion and locate any court opinions that help support your position.

2. Make sure you have evidence to support your position at the hearing.

You want to make sure the court's record includes all the evidence that will support a ruling in your favor on the legal issues in the hearing. Evidence in the court's record is the evidence that is either on file with the district court clerk or that has been presented in open court, in front of the judge, with a court reporter making a record. Evidence on file with the clerk could include affidavits, documents attached to motions or pleadings as exhibits, and any discovery materials that have been filed.

If you need more evidence, prepare affidavits and get them signed by persons with first-hand knowledge of the facts. Go over any discovery materials from the defendant, and locate any answers or documents that would support your position. If the excerpts you need have already been put into the record by the defendant, you do not need to put them in again -- just tell the court where it can find those excerpts in the record. If you have already filed a motion or response, but you now want to add additional affidavits or discovery materials, file an amended version of your motion and attach the new evidence. Finally, if you are allowed to call witnesses to testify at the hearing, contact them and get them to agree to appear, or arrange to have them subpoenaed.

3. Prepare written materials to use at the hearing.

Outline what you want to tell the judge to explain why you should win on the legal issues that will come up at the hearing. Put your most important points first. Put your written outline in a three-ring binder, and follow it at the hearing. Practice your presentation at least once with a friend.

Also, have three copies of all of your exhibits and of the most important cases you cite: one for yourself, and one to give to the judge and to the defendant. (It is helpful to put this material in a 3-ring binder for the judge, using numbered tabs, if possible, to make it easy to locate the documents you talk about in the hearing.)

Finally, if you're going to be questioning or cross-examining a witness, write out the questions beforehand and put these in your own 3-ring binder as well. Use your written questions in the hearing, so you can be sure not to omit any important testimony.

4. Be ready when the time comes for the hearing.

Don't wait till the last minute to prepare -- you need to be well-rested and organized so that you can make the best impression with the judge. Attend the hearing on time, dressed in business clothing (a professional uniform is acceptable). In addition to your written materials for the hearing, bring your entire file on the case. ALWAYS bring your certified mail receipts and return cards, in case you need to prove you sent something to the defendant.

Previous Next Back to Employee Rights Resources Back to TLSC Home Page

This page was last updated on: 01/03/02