Legal Question in Family Law in Nevada
I have an "evidentiary hearing" coming up. I cannot afford a lawyer and I am the defendant. I feel confident representing myself, however, I need to know what to expect in this hearing. What should I do to prepare?
The judge has already granted me primary physical custody, child support, legal fees, and wage garnishment has been set up (for the plaintiff-opposing party)
1 Answer from Attorneys
An evidentiary hearing is, in essence, a trial. If there are witnesses to examine, or documents to get admitted into evidence, you will be expected to know how to do so if you choose to represent yourself. Respectfully, I have never seen a layman do it particularly well, any more than a layman can be expected to know how to remove a gall bladder. Usually, especially if skilled counsel is on the other side, bad things tend to happen to the proper person litigant.
You do have some choices. If you want assistance just for the trial, you can hire an attorney in an "unbundled" capacity just for the hearing, which is often a lot less expensive than having one take over the whole case. If not that, at least consider consulting with counsel to be sure you have thought of everything you will need to have on hand for the hearing.
If you really are determined to do this yourself, call the judicial assistant, and find out whether there are any other evidentiary hearings scheduled, preferably in the same department, and go watch a couple. That way, you will get at least some idea what is likely to happen.
Whatever you choose to do, good luck!