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Legal Research Centers of West Virginia |
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The Hearing |
How do I get a hearing? Will
the court just schedule one?
Ask the Clerk of the Court where your case was filed
whether you need to request a hearing or the court will schedule one on its
own. In most Magistrate and
Family Court cases, the court will send both sides a Notice of Hearing telling them when and where the hearing will take
place. In Circuit Court cases,
the hearing will be scheduled only upon request.
In that case, it’s up to you to contact the secretary of the judge
assigned to your case to request that a hearing be scheduled.
Then, you must send out a notice to the other side telling them the
time and date of the hearing.
Each court is a little different.
Some courts use formal rooms like the ones you see on television.
But some hea
• More formal
• Judge in robe on bench
• Court reporter records or tapes hearing
▪ Court clerk, who keeps track of the official file
Family Court
• Small private courtrooms
• Public not allowed
• Judge in robe on bench or at a desk
• Hearing recorded with a video monitor
• Magistrate sits up front
• May be less formal than other courtrooms
• Public and witnesses sit behind the parties
What
will happen at the hearing?
That
will also depend on the kind of court and the judge. The chart below
describes what you can usually expect to happen in each of these kinds of
courtrooms.
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Magistrate Court: The
magistrate will probably start off by asking you to tell the court
what your case is about. It
will be up to you to question your witnesses and present your
evidence. The magistrate will probably ask questions and each side
has the right to question the other’s witnesses. |
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Family Court: In
some Family Courts, the Case Coordinator will meet with both sides
before the hearing and tell them what to expect. Some Family Court judges ask the questions, while others
will expect you to take the lead and present your case. |
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Circuit Court: There
are strict rules for presenting evidence and questioning witnesses
in Circuit Court. You
should know that the other party involved is more likely to be
represented by a lawyer. |
When
will the judge decide my case?
The judge/magistrate may make a decision at the hearing. But often the judge/magistrate will take additional time to consider the evidence and the law before deciding. Once the judge/magistrate decides your case, s/he will issue an “Order” explaining her/his decision. The Court Clerk will mail you a copy of the Order.