situations where a notice to attend a hearing or trial (and bring documents) may be helpful in your case
Notifications to attend a hearing or trial (including a request to bring documents) are often not required, but there are some situations where they can be really helpful in your case. To avoid the extra paperwork of an attendance notice, talk to your help center or an attorney to find out if an attendance notice makes sense for the orders you want the court to make.
here are some examples where a notice to attend might be a good idea:
- Applications involving financial issues such as child or spousal support, attorney fees and costs, or other similar issues where the judge will need to review the financial documents to make a decision. Judges generally require both parties to provide current financial information to calculate child support, how much one party must pay for the other’s attorney fees, or consider other financial matters. If you are asking for an order involving financial information and the other party to your case does not come to the hearing or turn in their financial documents, the judge may still be able to make orders based solely on their information. But sometimes the judge may be hesitant to make the orders he needs, especially in cases where the other party is self-employed or has a difficult financial situation. in that case, you may find it helpful to file a notice to attend a hearing or trial and bring documents. the notice to attend would require the other party to come to the hearing and bring all relevant financial documents so the judge can make orders on the issues that concern you.
- requests that involve the other party being available to answer the judge’s questions about any documentation or other evidence provided, or about issues important to the case. If you think the judge may want to ask the other party questions directly, ask them to testify about financial or other documents, or facts in the case, it may help to file a notice to attend the hearing or trial. , so that the other party can go to court to testify if necessary.
how to file a notice to attend a hearing or trial and a notice to attend a hearing or trial and bring documents
Note:If you received a notice to attend a hearing or trial and wish to object, click to learn how to do so.
These instructions apply to both types of notices:
1. prepare a notice to attend.
- You can use this notice to attend template if you just need the party to come to the hearing or trial. fill in the information for your case.
- if you need the other party to attend the hearing or trial and also bring documents or other items, you can use this template notice to attend and bring documents, and fill in the information for your case. be sure to specify what documents and other materials you want him or her to bring to court, and clearly explain that he or she has the documents or access to those documents.
2. make 3 copies of the notice to attend.
Keep the original notice and a copy for yourself. use a copy to serve the other party. you may also need the third copy for court.
3. deliver the notice.
A person over the age of 18 who is not involved in the case must mail or hand-deliver a copy of the Notice to Assist the other party’s attorney (or the other party, if they do not have an attorney).
- for a notice to attend (not including a request to bring documents): you must mail it at least 15 days before the hearing date. if served in person, it must be delivered at least 10 days before the court date;
- for a notice to attend and bring documents: it must be delivered by mail at least 25 days before the court date. the court date date. if served in person, it must be served at least 20 days before the court date.
- A judge can order a shorter time for service, but you must request it.
4. have the server fill out a test of service.
The person who served the service must complete a proof of service indicating when and how the service was served on the other party’s attorney (or the other party without an attorney). the server can use a:
- Proof of Service by Mail (form fl-335) if the notice was served by mail; or
- Proof of Personal Service (form fl-330) if served in person.
- Be sure to make at least 2 copies of the proof of service.
5. File a copy of the notice to attend and proof of service before the hearing (or bring them with you on the day of the hearing).
You do not have to file a copy with the court before the hearing, but it can be helpful if the other party files written objections.
6. go to your hearing.
Bring at least one copy of all your papers, including the Request for Order, Notice to Attend the Hearing or Trial, and Proofs of Service.
please note
- Objections: The other party may object to the service. he or she must file and deliver written objections within 5 days from the date the notice was served (or at such other time ordered by the court) and state the reasons for the objections. If this happens, you may want to try to reach a written agreement with the other party if, for example, the objections are about documents that need to be submitted. If you can’t reach an agreement, you may need to file a Request for Order Setting a Separate Hearing to compel (force) the other party to appear in court and/or bring the documents you need. In your request, include a copy of the notice to attend, explain why the court must order the other party to attend or bring the documents you listed, and ask the court to make an order. If you received a notice to attend a hearing or trial and want to object, click to learn how.
- failure to attend or present documents: If the other party does not attend the hearing or does not present the requested documents without having filed an opposition, the judge can order against them (called “penalties”) for failing to comply with the notice. At the hearing, you will need to show the judge the original notice to attend and proof of service. the court may also require you to file a copy of the notice and proof of service before entering the order.
- Witness Fees: The other party has the right to request a fee for the day they appear and reimbursement for mileage to travel to the court hearing.
how to object to a notice to attend a hearing or trial
If you received a notice to attend a hearing or trial or a notice to attend a hearing or trial and bring documents, you have the right to object to the notice.
To object, you must act quickly. You must complete these steps within 5 days of receiving the Notice to Attend (or such other time as the court has ordered in the Notice to Attend documents):
1. write your objections to the notice to attend on pleading paper. you can use this template to object.
- Your written objections must state the reasons for your objection to the notice to attend.
- You may object to having to attend the hearing or trial and explain why.
- You may object to bringing some or all of the documents the other party requested in their notice to attend the hearing or trial and bring documents. again, explain why you object and what documents you object to bringing to your hearing.
2. make 2 copies of your written objection (all pages).
3. Serve your objection.
Have someone over the age of 18 mail or hand-deliver a copy [not the original!] of your objections to the other party. The person who served service must complete a proof of service indicating when and how he served his written objections on the other party’s attorney (or the other party without an attorney). the server can use a:
- Proof of Service by Mail (form fl-335) if the notice was served by mail; or
- Proof of Personal Service (form fl-330) if served in person.
- Be sure to make at least 2 copies of the proof of service.
4. File your original and a copy of your objections, along with a completed proof of service and copies, at the Clerk of Court’s office. Your copy of the objections and proof of service will be filed, sealed, and returned to you.
5. you may be contacted by the other party in your court to try to reach an agreement. If you can’t agree, the other party can file more documents asking the court to order you to appear or to bring the documents in question. You will again have the opportunity to object. Ultimately, the judge will make the decision to order you to appear in court and/or bring the documents in question.