How to Prepare for a Court Hearing or Trial

• What are you proving? Think about the key issue in your case. For example, if you're going to court for custody, you'll need to show you're the best parent for your child. If it's a small claims case, you must prove someone owes you money.
• How to prove something in court? You must provide evidence supporting your side of the story. Your evidence can include witness testimony or other evidence like photos or documents. 
• Get help: If you're unsure, you can consult a lawyer for advice. Oregon's Lawyer Referral Service can connect you with a lawyer in your area. You can also use our Legal Directory to search for free and low-cost legal help in Oregon.

Witness testimony is an important type of evidence. Anyone who personally saw or heard key events in your case can be a witness. Witnesses can include you, friends, family, roommates, neighbors, police, teachers, doctors, and other professionals. 

Key points

• Witness letters: You can't use witness letters at a court hearing. Witnesses must go to your court hearing and testify so both sides can ask them questions. This helps a judge decide whether the witness is telling the truth and is reliable.
• Witness subpoenas: If a witness doesn't want to testify, you can give them a subpoena. A subpoena is a legal document that tells someone they must go to court to be a witness. Your local circuit court may have a blank subpoena form you can use. If you can’t get a subpoena from your courthouse, you’ll need a lawyer to prepare a subpoena for you.

Witness questions

Writing down questions for your witnesses before your hearing or trial is a good idea. The judge won't question your witnesses for you. Here are some tips: 

• Ask open-ended questions. Open-ended questions often begin with "who," "what," "why," "where," and "how."  
• Ask about things the witnesses saw or heard. Your witnesses cannot testify about things that other people told them. This is considered "hearsay" evidence.
• Ask relevant questions. Your questions must be related to your case and the issues in your case. 
• Avoid leading questions. A leading question can be answered with a “yes” or “no.” For example, "Isn't it true you were at her house on Saturday, January 9, 2024?"

You can refer to this article for more information on being a witness in a legal proceeding.

Evidence is anything that can help support your case. This could include things like:

• Documents: Contracts, letters, or official records.
• Photos or videos: These can help prove important details.
• Digital evidence: Text messages, emails, or social media posts.
• Physical objects: Anything that might be relevant, like damaged property.

Preparing your evidence for court

1. Print out your exhibits. All exhibits must be printed out, including photos and screenshots of text messages. Don’t bring in evidence on your phone.
2. Organize your exhibits. Your exhibits don’t need to be in a particular order. But if you have multi-page exhibits, you should paperclip them together and write page numbers on each page of the exhibit.
3. Put exhibit stickers on each piece of evidence. Place an exhibit sticker on the first page of each piece of evidence in the bottom right-hand corner. You can get exhibit stickers from your courthouse, online, or office supply store.
4. Number your exhibits. Each exhibit must be numbered. If you’re the Petitioner, number your exhibits, “1, 2, 3, 4,” etc. If you’re the Respondent, number your exhibits, “101, 102, 103, 104, etc.”
5. Make copies. After you organize and label your exhibits, make two extra copies. One copy is for you, one is for the other person, and the originals are for the judge. 

Turning in your evidence to the court

• In-person hearings: Bring your evidence to court with you. You can give the other person copies of your evidence at the beginning of the hearing. You will give the judge their copies during the hearing when you and your witnesses testify. 
• Phone or video hearings: Every county has different rules on how to turn in evidence for remote hearings. In most counties, you must bring your evidence to the courthouse several days before your hearing. You also need to make sure the other person gets a copy. Read your hearing notice or call your local circuit court to understand how to submit evidence for a remote hearing.

Think about the story you want to tell in court. Focus on facts that are relevant to your case. It’s important to keep your testimony clear and straightforward.

• Stick to the facts: Avoid going off-topic. The more precise and direct you are, the better.
• Make notes: Write down key points in your story. Make notes about the evidence you want to show the judge.
• Practice: Rehearse your testimony so you feel confident in what you’re saying.
• Be ready to answer questions: The judge or the other side can ask questions. It's ok to say you don't know or to ask for clarification if you don't understand a question.

You can find more information on being a witness in a legal proceeding here.

Your opening statement should briefly explain what your case is about. It’s your chance to tell the judge what you’re trying to prove. 

Your closing statement will summarize the important points of your case and remind the judge why they should rule in your favor.

It is optional to make an opening statement or a closing statement at a court hearing or trial. Sometimes, judges skip opening statements or closing arguments if there are no lawyers or the judge runs out of time.

• Sample opening statement: "Your Honor, my name is Emily Johnson, and I am asking for a restraining order against James Carter. Over the past three months, he has harassed me, sent me threatening messages, and even tried to force his way into my home. I am afraid for my safety and the safety of my child. I have brought evidence and witnesses, including a police officer, police reports, and messages, to show why I need this protection."
• Sample closing statement: "Your Honor, I have shown that James Carter’s behavior has made me fear for my safety. His threats, harassment, and attempts to enter my home have caused me constant stress and fear. I just want to feel safe again, and I ask that you grant this restraining order to protect me and my family. Thank you.”

The day of your hearing or trial can be stressful, so plan ahead:

• Arrive early: Get to the courthouse early to make sure you have enough time to find your courtroom.
• Dress appropriately: Dress neatly and respectfully.
• Stay calm: Court can be intimidating, but try to stay calm and respectful. Follow the judge’s instructions and listen carefully.

You can refer to this article for more information about going to court.