Tulare — Preparing for Trial: Witnesses & Exhibits

Source: https://www.tulare.courts.ca.gov/system/files/forms-and-filings/preparing-trial-packet-5426.pdf

Sparse pages use OCR; original PDF remains authoritative.

www.tulare.courts.ca.gov (559) 730-5000

PREPARING FOR TRIAL:
WITNESSES & EXHIBITS

Forms included in this packet
Local Form Witness List
COMPLETE Local Form Exhibit List
& Local Form Exhibit List (continued) FILE
MC-030 Declaration
FL-330 Proof of Personal Service FILE AFTER
SERVICE FL-335 Proof of Service by Mail

For a list of legal packets and samples, scan the QR code below, or visit:
https://www.tulare.courts.ca.gov/forms-filing/local-forms-information-filing-instructions

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Preparing for Trial: Witnesses & Exhibits

Completing Forms:

• California Court forms: Fillable, printable PDF versions of the forms referenced in this
packet are available at the California Court website. For details, visit:
https://courts.ca.gov/rules-forms/find-your-court-forms
• Legal packets and samples: The Tulare County Superior Court‘s website offers many
packets and samples. Visit the link on page 1 (or scan the QR code).

Self-Help Resource Center:

If you do not have an attorney representing you, free procedural assistance is available.

Contact the Self-Help Resource Center (SHRC), also known as the Office of the Family Law Facilitator. SHRC staff will provide instructions on how to complete forms, how to serve the other party, and can answer procedural questions. However, SHRC staff CANNOT complete your forms for you, provide legal advice, or represent you in court. The SHRC can be reached at (559) 737-5500 and selfhelp@tulare.courts.ca.gov, and offices are located at:

County Civic Center South County Justice Center
221 S. Mooney Blvd., Room 203 300 E. Olive Ave.
Visalia, CA 93291 Porterville, CA 93257

Other Resources:

If you have further questions or concerns, consult with an attorney or use the assistance of

a paralegal or typing service. You may also conduct research on your legal issue and find additional information at:

• California Courts’ Self-Help website: https://selfhelp.courts.ca.gov/
• Tulare County Law Library: https://tularecounty.ca.gov/lawlibrary/
• Sacramento County Public Law Library: https://saclaw.org/

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INTRODUCTION

In the Family Law department, a common reason a case is set for trial is that a Request for

Order (RFO) and Response were filed, but the parties did not reach an agreement in mediation or at the first court appearance. Or, in a divorce case where the parties have filed a Petition, Response, and financial disclosures, but have not settled their case, the court will set a trial to rule on all issues. The trial provides both parties the opportunity to present evidence and tell their side of the story to the judicial officer. Evidence is anything used to prove a claim or defense: it can be a document, a text message, a video recording, or witness testimony. The court uses evidence to decide whether a party has proved their case, and could be the deciding factor when two parties make opposite claims.

The California Evidence Code sets standards for what evidence can be used in court.

Everyone must follow these laws when presenting evidence, even if a person does not have an attorney. Neither the judge nor court staff can assist you in preparing or presenting your case. This guide provides instructions on how to complete, file, and serve your Witness and Exhibit Lists, and includes helpful tips on how to prepare for trial and how to present evidence.

NOTICE: Nothing in this guide should be considered legal advice. Speak with an attorney if you have specific questions about your case.

COMPLETE YOUR EVIDENCE WORKSHEET

If you requested a court order or judgment, ask yourself: What evidence can I present that

will prove my case, so the judge rules in my favor? Conversely, if you are responding to a request for a court order or judgment, ask yourself: What defenses can I present so the judge denies the other party’s request? Take time to research the specifics of your case so you understand what you’ll need to prove. Once you know what you want to prove, think about how you’ll prove it. As you gather this information, fill out the Evidence Worksheet included in this packet. Enter what you want to prove on the left side and enter the supporting evidence you have on the right side. This will help you to organize your evidence so you can decide what is relevant, necessary, admissible, or will otherwise help your case.

Did anyone else see the actions or events? If so, they could be a witness. Witness

testimony can be powerful evidence because witnesses can describe what they saw or did, and may be key to having documents, videos, pictures, physical evidence, or other exhibits admitted into evidence. Do you have any photos, videos, text messages, emails, or other documents that prove facts for you? If so, these could be valuable exhibits at your trial.

Tip: If you want a witness to testify on your behalf, speak with them as early as possible so you know what they’ll say when you call on them to take the stand. Remember: A witnesses can only testify to facts they’ve personally observed or experienced.

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PREPARE WITNESS AND EXHIBIT LISTS

You must prepare and file Witness and/or Exhibit Lists if you plan on having a witness

testify or plan to introduce exhibits at trial. List each witness who may testify, and any exhibit you may want to use. If you don’t list the witness or exhibit, the court cannot consider the evidence.

Witness List

• Top of page: Enter your name, address, and phone number.
o In the caption, enter the names of the parties and the court case number.
• Middle of page: Mark whether you are the Petitioner, Respondent, or Other, and enter the
trial date.
• Name: Write the name of the person you intend to call as a witness.
• Subject and Brief Description of Testimony: Add a description of what the witness will
testify about. Be specific.
o For example: In a restraining order case, instead of “Will talk about abuse”, consider
“Will talk about seeing abusive behavior by [name] on [specify date].”
• Interpreter Requested: If your witness needs an interpreter, enter their language.
• Enter the page number at the bottom right corner.

Exhibit List

• Top of page: Enter your name, address, and phone number.
o In the caption, enter the names of the parties and the court case number.
• Middle of page: Mark whether you are the Petitioner, Respondent, or Other, and enter the
trial date.
• Exhibit No.: Write the Exhibit number (each exhibit needs its own number for identification).
• Description: Explain what each exhibit is, such as pictures, text messages, videos, etc., and
provide details such as dates and locations.
• Marked, Admitted, and Objections: Leave these columns blank; they are used by the court
at the trial.
• If you need more room, use the Exhibit List (continued) page, included in this packet.
• Enter the page number at the bottom right corner.

FILE THE WITNESS AND EXHIBIT LISTS

Now that you’ve prepared your Witness and/or Exhibit Lists, make two copies of each

document. Bring the original and copies to the Clerk of Court for filing, at:

Visalia Courthouse South County Justice Center
221 S. Mooney Blvd., Room 201 300 E. Olive Ave.
Visalia, CA 93291 Porterville, CA 93257

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The Court will keep the original and give you back the copies. One copy is for you to keep for your records, and the other copy is to be served on the other party. Only the Exhibit List needs to be filed with the court, not the exhibits themselves. However, exhibits must be shared with the other party before the trial (see below). Note: If your exhibits are stored on a USB drive, do not attempt to file the USB drive; the Clerk of Court cannot accept this.

Tip: If your exhibit is an audio or video recording, you must prepare a transcription. Type out the transcription and attach it to form MC-030 – Declaration, which is included in this packet. Then file and serve the other party (see below).

SERVE THE OTHER PARTY

The Code of Civil Procedure requires that parties exchange evidence before the trial, so all

parties are aware of the evidence that will be presented. You must file and serve Witness and/or Exhibit Lists, and exchange exhibits, at least 10 days prior to trial, unless otherwise instructed by the court. If the documents are mailed to the other party, you must add additional days depending on the other party’s address:

• Add 5 calendar days if mailed within California • Add 10 calendar days if mailed outside of California.

The person serving the other party, called the server, must be at least 18 years old and not a

party to the case. Learn more about service by reading forms FL-330-INFO – Information Sheet for Proof of Personal Service, and FL-335-INFO – Information Sheet for Proof of Service by Mail, available at the California Court forms website (see URL on page 2).

FILE THE PROOF OF SERVICE

After the other party has been served, the server must complete and sign the appropriate

Proof of Service form (either FL-330 – Proof of Personal Service, or FL-335 – Proof of Service by Mail), stating who was served, what documents or exhibits were provided, when and where the service took place, and the method of service (in person or by mail). Bring the completed Proof of Service and one copy to the Clerk of Court for filing. The Clerk will give you back the copy for your records. If the court does not receive your Proof of Service within the specified deadline, you risk not being allowed to have the witnesses testify or the exhibits be considered.

Tip: Take your completed Proof of Service form to the Self-Help Resource Center to review before you file with the Clerk of Court.

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FINAL PREPARATIONS BEFORE TRIAL

Trial Notes

Before your trial, make notes for each request at issue, and list why each request should be

granted or denied. At trial, you can refer to these notes when speaking with the judge, so you can clearly state what relief you want and the specific orders you’d like the court to make.

Trial Location

Know the date, time, courthouse, and courtroom where your trial will take place. If you’re

not sure, call the court at (559) 730-5000, and a clerk will provide you this information.

Witnesses

Write out the questions you intend to ask each witness, and talk to them about what they’ll

say so you aren’t surprised at the trial. Remind your witness to tell the truth in court, and make sure they are aware of the date, time, and location of trial. All witnesses must come to court and testify in person, so the other party has an opportunity to cross-examine them. The only time a witness can appear remotely is in a domestic violence case, or if the judge has given permission in advance. Witnesses must remain outside in the hallway until it is their turn to testify.

Tip: Serve your witness with a subpoena, so they can then notify their employer that they’ve been summoned to court (the subpoena provides the date, time, and place of trial). If the witness needs to bring evidence to court, serve a subpoena that specifies what to bring. If the witness does not show up, you can ask the court for more time because you went through the formality of serving a subpoena. For more information, visit: https://selfhelp.courts.ca.gov/civil-discovery-and-subpoenas-index

Exhibits

If you have documents or photographs as exhibits, make multiple copies: one copy for you,

the court, the other party, and if necessary, an extra copy for witnesses. Place the exhibits in the order that you intend to introduce them. If you are presenting photographs, consider making color copies that are enlarged to at least 8 ½” x 11”.

Playing electronic media in court

To present electronic evidence at trial, you may 1) bring your own device or 2) upload files to

the court’s Electronic Evidence Portal (if available in your specific courtroom).

• Bring your own device: If your exhibits are stored on a USB flash drive, bring both the USB
flash drive and a device (such as a laptop) to show the exhibit.
o The court will not provide a laptop for you to use at trial.
o USB flash drives received by the court as evidence may not be returned to you.

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• Electronic Evidence Portal: The court’s Electronic Evidence Portal provides a secure way to store files that you intend to present at trial, share exhibits with the other party, and then display these files on a large screen at the trial. o The Electronic Evidence Portal is only available in certain Family and Civil courtrooms. To inquire about availability, contact the court at (559) 730-5000. o For instructions on how to create an account, upload files, arrange exhibits, add descriptions, and select which files you want to share with the other party, visit: https://www.tulare.courts.ca.gov/electronic-evidence-portal. o After you’ve finished uploading your electronic evidence, you have the option of printing an Exhibit List that you can file with the court.

TIPS FOR THE DAY OF TRIAL

• Be prepared. The trial will generally take place whether you’re ready or not. o Don’t count on the judge giving you more time to prepare on the day of trial. • Dress appropriately, similar to how you would for a job interview. o Wear neat, clean clothing, with no offensive writing. Consider covering tattoos. o Shorts, hats, tank tops, revealing clothing, and sunglasses are not allowed in court. • Be early or on time. Budget time for parking and passing through security. o When you go to the courtroom, check in with the bailiff or the court attendant. • Bring all of your court papers with you, including any exhibits you want to introduce. • Put away your cell phone. Cell phones should remain off when you are in the courtroom. • Bring your trial notes so you can refer to them when you talk to the judge. o It is common to be nervous, emotional, or scared at court. Having notes can help you feel calm and organized when it’s your turn to speak. • Be polite when speaking to the judge and witnesses. Don’t argue or yell. • Briefly tell the judge what you want, and why. o If you’re the one who requested the court hearing, you are allowed to speak to the judge first. You can assume that the judge has read all filed documents already. o After you’ve finished, the other party will have an opportunity to speak. • Listen carefully when the judge, the other party, or witness speaks. o Don’t interrupt or talk over them. The court reporter must record every word spoken at trial, and will have difficulties if more than one person is speaking at once. o While you are listening, make a note of anything you want to ask about or discuss. • Speak slowly enough so the court reporter can type what you are saying. o Remember to speak to the judge, not the other party. • Only discuss the issues that are set for trial. o The court will only address the issues that the requesting party has put at issue. o If you want to ask for something else, you’ll need to file your own paperwork with that request. • For example: If the only issue for trial is child custody and visitation, then the court cannot hear or evidence regarding the amount of child support.

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• Your hearing may only take a few minutes or could last much longer. o The length of trial depends on the number and complexity of the issues, the number of witnesses and exhibits, etc. • When the trial is over, the judge will make an order (or orders). o If you don’t understand an order, politely ask the judge to explain or clarify. • Once a ruling has been made, do not argue with the judge.

Pre-Marking Exhibits: Before the trial begins, ask the courtroom clerk whether exhibits should be pre-marked. If so, give your exhibits to the courtroom clerk, who will assign numbers or letters to each exhibit. If pre-marking is not required, the courtroom clerk will mark exhibits as they are presented throughout the trial. Exhibits uploaded through the Electronic Evidence Portal will be pre-marked.

INTRODUCING WITNESSES AND EXHIBITS

Direct Examination of your Witness

• Start by asking for the witness’ name.
• Ask how they are connected to the case or how they know the parties involved.
• Consider only asking questions you know the answer to already. If you get a different
answer than you expected, do not argue or accuse them of lying.
• If the witness refuses to answer a question, ask the judge to order them to answer.
• Make sure that you let your witness finish their answer before you ask your next question.
• Ask specific questions about the information they have about your case.
o For example:
• “Where were you on January 1, 2026, at approximately 4:00 pm?”
• “Who else was there?”
• “Please describe what you saw.”
• If you are the one calling the witness, you cannot ask “leading questions” that tell the
witness the answer you want them to give. Instead, keep questions open-ended by asking
who, what, when, where, and why, rather than yes and no questions.
• After you finish questioning your witness, the other party and the judge will have an
opportunity to ask them questions. This is called cross-examination (see below).

Cross-Examination of the Other Party’s Witness

• While the other party’s witness is testifying, take notes and write down questions you want to ask their witness. • When you question the other party’s witness, you are allowed to ask leading (yes or no) questions. • Only ask questions that the witness has not already answered.

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Common Objections to Questions and Testimony

If you believe the other party has asked a question that is not appropriate, you can make an

objection before the witness answers. You can also raise an objection if a witness is testifying in an inappropriate manner. After an objection is made, both parties will discuss the merits of the objection. The judge will then make a decision about the objection. If the judge “sustains” (or grants) your objection, the other party will need to ask the question a different way. If the judge “overrules” (or rejects) your objection, the witness can proceed to answer the question. Here are some examples:

• Objection – Compound question: The question posed to the witness is two or more questions in one. For example: “Why did you go back into the house and what made you think you it was a good idea to then take the children away?” • Objection – Leading: On direct examination, the witness is being asked yes or no questions. • Objection – Narrative Response: The witness is giving a long story instead of answering just yes or no. • Objection – Argumentative: The party is arguing with the witness instead of asking questions. This is also known as “badgering the witness”. • Objection – Repetitive Question (or “asked and answered”): The witness is being asked a question that they’ve already answered. • Objection – Speculation: The witness is being asked to testify about something they imagine may have happened instead of what they saw or heard themselves. • Objection – Lack of Personal Knowledge: The witness is being asked about something they did not personally see or hear. • Objection – Vague and Ambiguous: The witness is asked an unclear or confusing question. • Objection – Hearsay: The witness is testifying about what another person said. o The problem with hearsay is that the person being quoted is not present so there is no way to establish credibility or allow for cross-examination. o Note: There are many exceptions to the hearsay rule.

Introducing Exhibits

Just because you have exhibits to give to the court, it does not mean that they will be

accepted. In fact, the court cannot consider an exhibit until it is admitted into evidence. When it’s your turn to present evidence, explain to the court what you are “introducing” and why it is trustworthy. Follow these steps to get the court’s permission to use the exhibit as evidence:

• “Lay the foundation” for the exhibit, that is, explain to the judge what the exhibit is and why
you know it is authentic (not a forgery or a fake).
o For example: You can say, “I am introducing into evidence a copy of text messages
that the Respondent and I exchanged on [specify date].”
o Hand the original exhibit to the clerk to mark as Exhibit Number ___.
• Explain the relevance of the exhibit, or why you want the court to look at the exhibit.

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o For example: You can say, “The text messages show that Respondent was aware of the scheduled visitation drop off time and location.” • Hand a copy to the clerk for the judge to look at, and hand a copy to the other party. • You can then testify about the exhibit to explain why it supports your request. o If you have a witness who knows about the document and can “authenticate” it, you can call the witness to do so (see below). • Once you’ve finished testifying about the exhibit, ask to have it “admitted into evidence.” o If the other party or attorney objects to admitting the exhibit, answer their objections as best you can and then let the judge decide.

Using a Witness to Authenticate an Exhibit

• While the witness is on the stand, say, “I would like to introduce Exhibit Number ___.”
• Show the exhibit to the other party (or their attorney), and the witness.
• Ask if they recognize the exhibit as something they have seen before.
• If they recognize it, ask them to explain what the exhibit is, and how they know that.
o For example: The witness might say, “This is a photo I took of the Petitioner’s face
after the altercation with Respondent. I took it right after the altercation.”
• Ask the judge to have the exhibit “admitted into evidence.”
o The judge will rule on any objections and decide whether to admit the exhibit.
• If admitted, you may then ask the witness any other questions you have about the exhibit.

Tip: Learn more information about objections, exceptions to hearsay, and how to “lay the
foundation” for other types of exhibits (such as text messages, letters, and business
records) by visiting the Tulare County Law Library, or the California Court’s Self-Help
Guide, at: https://selfhelp.courts.ca.gov/how-introduce-exhibits-trial.

AFTER THE TRIAL

At the end of the trial, the judge will generally make one or more orders. Review your notes

to make sure all issues have been addressed. If not, politely remind the judge before the trial is over. If you requested the hearing, you may be responsible for preparing the final order. Listen carefully to what the judge says. If you need to write an order or judgment, contact the Self-Help Resource Center for assistance.

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EVIDENCE WORKSHEET

WHAT I WANT TO PROVE WHAT EVIDENCE I HAVE

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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, & address): FOR COURT USE ONLY

TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF TULARE County Civic Center: 221 S. Mooney Blvd., Visalia, CA 93291 ☐ South County Justice Center: 300 E. Olive Ave., Porterville, CA 93257 ☐

PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT/PARTY: CASE NUMBER: WITNESS LIST

Petitioner Respondent Other (specify) intends to call the following witnesses☐ ☐ ☐ to testify at the time of trial scheduled on (date): .

Interpreter Requested

Name Subject and Brief Description of Testimony (specify language)

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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, & address): FOR COURT USE ONLY

TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF TULARE County Civic Center: 221 S. Mooney Blvd., Visalia, CA 93291 ☐ South County Justice Center: 300 E. Olive Ave., Porterville, CA 93257 ☐

PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT/PARTY: CASE NUMBER: EXHIBIT LIST

Petitioner Respondent Other (specify) intends to submit the following exhibits☐ ☐ ☐ into evidence at the time of trial scheduled on (date): .

Exhibit No. Description Marked Admitted Objections

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EXHIBIT LIST (continued)

Exhibit No. Description Marked Admitted Objections

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MC-030

ATTORNEY OR PARTY WITHOUT ATTORNEY(Name, State Bar number, and address) : FOR COURT USE ONLY

TELEPHONE NO.: FAX NO.(Optional):

E-MAIL ADDRESS (Optional) :

ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

CASE NUMBER:

DECLARATION

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

Attorney for Plaintiff Petitioner Defendant
Respondent Other (Specify):

Form Approved for Optional Use DECLARATION Page 1 of 1 Judicial Council of California MC-030 [Rev. January 1, 2006]

FL-330

ATTORNEY OR PARTY WITHOUT ATTORNEY OR GOVERNMENTAL AGENCY (under Family Code, §§ 17400, 17406) FOR COURT USE ONLY (Name, State Bar number, and address):

TELEPHONE NO.: FAX NO.:

ATTORNEY FOR (Name) :

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PETITIONER/PLAINTIFF: CASE NUMBER:

RESPONDENT/DEFENDANT: (If applicable, provide):

HEARING DATE:

OTHER PARENT/PARTY: HEARING TIME: PROOF OF PERSONAL SERVICE DEPT.:

1. I am at least 18 years old, not a party to this action, and not a protected person listed in any of the orders.

2. Person served (name):

3. I served copies of the following documents (specify):

4. By personally delivering copies to the person served, as follows: a. Date: b. Time: c. Address:

5. I am a. not a registered California process server. d. exempt from registration under Business & Profession b. a registered California process server. Code section 22350(b). c. an employee or independent contractor of a e. a California sheriff or marshal. registered California process server.

6. My name, address, and telephone number, and, if applicable, county of registration and number (specify):

7. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

8. I am a California sheriff or marshal and I certify that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME OF PERSON WHO SERVED THE PAPERS) (SIGNATURE OF PERSON WHO SERVED THE PAPERS)

Form Approved for Optional Use PROOF OF PERSONAL SERVICE Code of Civil Procedure, § 1011 Judicial Council of California www.courts.ca.gov FL-330 [Rev. January 1, 2012]

FL-335

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, andaddress): FOR COURT USE ONLY

TELEPHONE NO.: FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PETITIONER/PLAINTIFF: CASE NUMBER:

RESPONDENT/DEFENDANT: (If applicable, provide):

OTHER PARENT/PARTY: HEARING DATE:
PROOF OF SERVICE BY MAIL HEARING TIME:
DEPT.:

NOTICE: To serve temporary restraining orders you must use personal service (see form FL-330).

1. I am at least 18 years of age, not a party to this action, and I am a resident of or employed in the county where the mailing took place.

2. My residence or business address is:

3. I served a copy of the following documents (specify) :

by enclosing them in an envelope AND a. depositing the sealed envelope with the United States Postal Service with the postage fully prepaid. b. placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid.

4. The envelope was addressed and mailed as follows: a. Name of person served: b. Address:

   c. Date mailed: d. Place of mailing (city and state):

5. I served a request to modify a child custody, visitation, or child support judgment or permanent order which included an

   address verification declaration. (Declaration Regarding Address Verification—Postjudgment Request to Modify aChild Custody, Visitation, orChild Support Order (form FL-334) may be used for this purpose.)

6. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF PERSON COMPLETING THIS FORM)

Form Approved for Optional Use PROOF OF SERVICE BY MAIL Code of Civil Procedure, §§ 1013, 1013a Judicial Council of California www.courts.ca.gov FL-335 [Rev. January 1, 2012]