Hearing Process
What is the hearing process?
The purpose of a hearing is to create the hearing record, which has two parts:
- The first part is the hearing recording (parties discussions with the judge and the parties sworn testimony).
- The second part is the written documents (exhibits) the parties have previously submitted for the judge to consider.
When the judge makes a decision in your case, they can only consider the hearing record and the laws that apply to your case. It is important that you tell the judge everything you want them to know when it is your turn to testify.
What are the steps during the hearing?
- The judge will tell you about your right to be represented.
- The judge will ensure that everyone understands the issue to be discussed during the hearing.
- The judge will place the individuals who testify under oath or affirmation.
- The documents (exhibits) will be identified on the record. The other party can object to an exhibit. The judge decides whether a document should be included in the record.
- The judge will take testimony from the parties and any witnesses. After a party or witness testifies, the judge or the other party can ask them questions.
- The judge will allow parties to make a closing statement.
- The judge will conclude the hearing.
What is an exhibit?
Exhibits are documents you want the judge to consider before making a decision. It is important to send all the exhibits to OAH and the Agency Representative at least five (5) business days before the hearing.
Each party may object to the other parties’ exhibits. An example of an objection is that the exhibits do not relate/apply to the case. You cannot object to an exhibit just because you disagree with what it says. You can tell the judge why you disagree when it is your turn to give testimony. The judge decides whether an exhibit will be considered.
What is a witness?
A witness is someone who will give testimony to support your case. You need to make sure your witness is available at the time of the hearing. The Agency Representative may also have witnesses.
What is testimony?
Testimony is a statement given under oath. An oath means that the speaker promises to tell the truth. This is the part of the hearing where each party gets to explain their side of the case. The judge may stop or limit testimony if it is unnecessary.
Generally, the Agency Representative or their witnesses testify first. They will provide a statement explaining why the Agency made the decision it did. This could include describing the rules and laws that apply to the case.
After the Agency has presented all of its testimony, you and your witnesses will testify next. During your testimony, you can provide a statement explaining why you disagree with the decision the Agency made. If you have witnesses, you can ask questions of them, or your witnesses can make a statement.
After a party or witness completes their testimony, the other party has the right to ask them questions. This is called cross examination. You may only ask questions during cross examination. You may not comment on that person’s testimony. The judge may also have questions for the Agency Representative, the Agency witnesses, you, or your witnesses. The judge is responsible for getting all the information needed to make a decision (complete the record).
After each party and their witnesses have testified, the judge will ask each party if they have additional testimony. If you want to clarify or add something new, this will be your opportunity. You can also explain if you disagree with the other party’s testimony. If anyone provides additional testimony, there will be an opportunity to ask questions about that testimony.
What are closing statements?
After all parties and their witnesses have completed their testimony, the parties may give closing statements. A closing statement is your chance to summarize the facts, argue your position, and to tell the judge why you think they should decide in your favor. You may not add new testimony.
What if I have additional documents?
In most cases, the judge will not accept any new exhibits or testimony after the hearing concludes and the record closes. You should tell the judge at the beginning of the hearing if you have additional documents you want them to potentially consider.
What happens if I miss my hearing?
If you miss your hearing, the judge will send out an order that dismisses (cancels) your case. If you still need a hearing, you must send a written explanation to OAH stating why you missed your hearing.
You may use the form attached to the dismissal order to ask that your hearing be scheduled again. OAH must receive this request within 21 days from the date the order of dismissal was mailed, or you could lose your right to have your hearing reinstated.
Once OAH receives your written request, a time will be scheduled for you to explain to the judge why you missed the hearing. The judge will decide if you have a good reason for missing the hearing. If there is a good reason, your hearing will be reinstated and another hearing will be scheduled.
If you have any questions about the process, please call OAH at 800-583-8271.