I have a family law motion hearing coming up – what do I do?

The most frightening aspect of your family law case is probably your hearing. You will have to stand at a podium in front of a room full of other people and tell a Family Law Commissioner (and everyone else in the room) what you want and why.

How the courtroom works. When you arrive, you will find your case on a list posted on a bulletin board near the Family Law Clerk’s Window. Find the number next to your case on that list. Get in line at the clerk’s window and when it’s your turn, give the clerk your name and your hearing number. The clerk will check you in and tell you which courtroom to go to. When the courtrooms open, go inside and have a seat. When your case is called, approach the podium. If your court documents identify you as the “Petitioner,” stand at that podium. If they identify you as the “Respondent,” stand at that podium. The commissioner will ask everyone to identify themselves for the record. He or she may also address preliminary matters, such as requests for a continuance, objections to evidence, etc. When those matters are addressed, the hearing will proceed in the following order:

• Whoever brought the motion argues first. 
• The person responding to the motion argues next. 
• The person who brought the motion replies. 
• The commissioner gives you his or her ruling. Take notes of the ruling because you will need them to draft the order. 
• If you don’t understand the ruling or did not hear what the Commissioner said, you may ask for him or her to clarify or repeat what you missed. 

Behavior toward the court and other side. As you argue your case, you must be respectful and courteous not only to the Commissioner, but to the other party and his or her attorney as well. You do not help your case by talking over the top of the commissioner or the other party or attorney or by arguing with the commissioner after he or she has ruled on your case.

What to do after the commissioner has ruled. After the commissioner decides your case, you and the other party or attorney must cooperate in drafting the order. You will go out into the hallway and find a place to work. Get out your proposed orders and change them so that they say what the court ordered. It is okay to handwrite on the orders. If you and the other attorney cannot agree on what the commissioner ordered, you can let the bailiff in the courtroom know that the commissioner needs to rule again.

Don’t leave the courthouse without copies of your orders. There are law libraries at both courthouses where you can make copies. This is important, so don’t forget!

If you have questions or concerns about this issue, feel free to contact Pro Se University in the Seattle area  or call us at (877) 776-7310 for Attorney Support .