- A referee is a lawyer that the court appoints to supervise a hearing and recommend an order to the judge. A referee's decision is final only if the parties do not object. If you object to a referee’s decision, you may have another hearing before a judge.
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- To obtain a hearing, you must file a motion (sometimes called a petition). A motion is a written request that the judge make a decision regarding an issue in the case. For parenting time issues, there are standardized motion forms that parents can pick up at the friend of the court offices.
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- During a hearing, you may ask other people to tell the judge things that they know firsthand. These people are called witnesses. You may also be allowed to provide other types of information to the judge or referee, for example documents and photographs. Finally, you or your attorney will have a chance to explain why you think that the proven facts support your position.
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- Hearings are conducted according to special rules of evidence and courtroom conduct that everyone must follow.
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- Evidence rules ensure that the judge or referee considers only reliable information. Sometimes evidence rules prevent the judge or referee from listening to everything you or your witnesses have to say, or from seeing all the information you want to share.
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- To maximize the information that you present to the judge or referee at a hearing, it is important you either learn the court rules or obtain a lawyer's assistance.
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