The Trial

If you and the other party are not able to settle your issues and reach a full agreement, the judge will have to set an “Evidentiary Hearing” or a “Trial.” Visit this page to learn how to prepare, documents to file, and what to expect.

What is the Difference Between an Evidentiary Hearing and a Trial?

An “evidentiary hearing” is when the judge makes a final decision about one part of the case (such as child custody). A “trial” is a final hearing where the judge will decide all remaining issues and grant a final order (such as a  divorce).

At both a trial and an evidentiary hearing, the judge hears from witnesses and considers evidence to make a decision. Find out more about each stage of the trial phase:

1. Learn the basics.  There are free resources to help you learn as much as you can about trials. 

 2. Trial Options. You can choose a formal or an informal trial. 

 3. Preparing for Trial.  There are many things you will need to do to get ready for trial, such as gathering your evidence, requesting evidence from other people if needed (called "discovery"), choosing witnesses to testify, and letting the other party and the judge know what evidence and witnesses you plan to present at trial.  

 4. The Trial.  Learn what to expect the day of your trial.  

 5. After the Trial.  The judge may ask you to prepare the official order from the trial. 

 Learn the basics

Trials are very different than the other kinds of court hearings you may have handled by yourself.  There are a lot of rules and requirements the judge will expect you to know and follow.

Legal Aid Center of Southern Nevada has a free class that teaches the basics of litigation and how to get ready for a trial.  This class is taught by an attorney and offered once a month. You can sign up online at the Litigation and Trial Preparation Class page.

If you cannot attend the class, you can watch a pre-recorded version of the class below.

 Trial Options

Starting in November 2024, litigants have the choice between two kinds of trial: an informal trial or a traditional trial.

The Trial Brochure explains both options in detail, and the Informal Trial Brochure gives details about the informal trial process. 

In an informal trial, usually only the parties to case testify as witnesses.  The judge asks all the questions and the parties talk directly to the judge.  The parties can submit any evidence they want the judge to consider.  This is a shorter, simpler kind of trial for people who are not familiar with the technical, legal requirements of how to present evidence.  Both parties have to agree to this kind of trial, otherwise the traditional trial is used. 

A traditional trial allows the parties to present multiple witnesses.  The parties question their witnesses and cross-examine each other's witnesses. The parties make opening statements and closing statements, and are responsible for presenting all of their own evidence using the formal Rules of Evidence.  This is a more complicated kind of trial, and because the technical legal rules apply, the parties usually have attorneys or are very well versed in the law.  

Parties can use this form to designate which type of trial they would like: 

Trial Selection Form (pdf fillable)

 Preparing for Trial

There are many steps and deadlines to prepare for trial.  Some apply to every kind of trial, and some apply only to a traditional trial. 

Discovery

This applies to both kinds of trial. Discovery is the process that allows each party to get information to build their case. The purpose of discovery is to make sure that you and the other party know what documents and witnesses the other side will be presenting at trial.

There are many different discovery tools.  Because each case is different, there is no standard way to do discovery. You may need to consult with an attorney for assistance in understanding and conducting your own discovery.  A short description of different discovery tools and forms to help are below.  

Subpoenas: This is a request for someone who is not a party in the case to provide documents or appear in person and testify. It must be issued by the Clerk of Court to be valid and must be served to the person named in the subpoena and also the other party.

Subpoena - Testimony Only (pdf)

Subpoena - Deposition with Records (pdf) 

Subpoena - Business Records Only (pdf)

Interrogatories: These are written questions to the other party that must be answered under oath.

Interrogatories (pdf fillable)

Answers to Interrogatories (pdf fillable)

Requests for Production of Documents: This is a request to the other party to provide documents or other tangible things.

Request for Production of Documents (pdf fillable)

Response to Request for Production of Documents (pdf fillable)

Requests for Admissions: These are requests asking the other party to admit or deny specific facts.

Request for Admissions (pdf fillable)

Answers to Request for Admissions (pdf fillable)

Depositions: A potential witness is questioned under oath in the presence of both parties, their attorneys, and a court reporter. The judge is not present, but a transcript of the deposition may be presented at trial.

Disclosing Your Witnesses and Exhibits

This applies to both kinds of trial, though an informal trial usually does not allow witnesses other than the parties.  You will need to decide what documents you want to present at trial and what witnesses you want to testify, then you have to disclose that information to the other party.

There are deadlines to disclose your list of witnesses and exhibits. The judge probably set these deadlines in the Order Setting Trial – check the order to find any deadlines for your case. If you do not disclose your list of witnesses and documents by the deadline, you may not be allowed to use them at trial.

Witness List (pdf fillable)

Plaintiff's Trial Exhibit List (pdf fillable) 

Defendant's Trial Exhibit List (pdf fillable)

Special instructions for exhibits: Send a copy of the exhibits listed in the form to the other party, but do not attach them to the form when you file.  You will need to submit your exhibits to the judge just prior to your trial date.  Most judges prefer you submit your exhibits through a separate electronic portal, but sometimes the judge will want you to bring binders with hard copies of the exhibits.  Check with your judge's staff to find out the specific instructions for providing them to the judge. 

Your Pre-Trial Memorandum and Financial Disclosure Form

This applies to both kinds of trial.  The judge may order you to file a Pre-Trial Memorandum (the judge may also call it a "Pre-Hearing Brief"). This is a summary of the arguments you plan to present at trial. You must file the Pretrial Memorandum by the judge’s deadline and serve it on the other party. Usually, you must also file an updated Financial Disclosure Form if property or financial issues will be decided at the hearing.

Pre-Trial Memorandum (pdf fillable)

Financial Disclosure Form (pdf)  Financial Disclosure Form (pdf fillable)

 The Trial

On the day of your trial, arrive early to the courthouse so you have enough time to park, get through security, and get to the courtroom before your case is called. Bring copies of all the documents that you plan to use at trial.

Informal Trial:  The parties can speak to the judge about anything they think is important.  The judge will ask the parties questions and ask for any documents they want the judge to consider.  The judge will decide the importance of what each party says and the documents they give to the judge. 

Traditional Trial:  The judge may allow each side to give an “opening statement.” This is a brief summary of the case you intend to present. Next, one party will call their witnesses. The party who called the witness to the stand will be able to ask questions first.  Witnesses are used to give oral testimony and also to verify any documentary evidence you want admitted into evidence.  When that person is done asking questions, the other party can ask questions through “cross-examination.” After cross-examination, the party that called the witness gets to ask any final questions, and then the other party is given one last chance to cross-examine.

Parties must follow the rules of evidence and raise objections if they think any testimony or evidence should not be allowed.  

Once the first party has presented all of their witnesses, the other party will call their witnesses and the process above will repeat.

When all of the witnesses are done testifying, the judge may ask each party to give a “closing statement.” This is a final summary of the evidence that was presented at trial and why the judge should rule in favor of that person.

For Both: The judge then considers all of the evidence presented and makes a decision. The judge may give their decision immediately in court, or the judge may want to think about the evidence for a while and issue a written decision later.

 After the Trial

After the judge makes a decision, the decision is not enforceable until is it written and signed into an official order. The judge might write the order, or the judge might pick one party to “prepare the order” from the hearing. It is that person’s responsibility to prepare the written order from the hearing, submit it to the judge for review, and send a copy of the signed, filed order to the other party.

If the judge granted a divorce at the trial, see Getting the Final Divorce Decree for information on how to prepare a Decree of Divorce.  If the judge did not grant a divorce as part of the order, you can use the following forms to get the judge’s order entered in writing.

Order After Hearing - With Children (word fillable)

Order After Hearing - With Children (both parties sign) (pdf)

Order After Hearing - With Children (one party signs) (pdf)

Order After Hearing - No Children (word fillable)

Order After Hearing - No Children (both parties sign) (pdf)

Order After Hearing - No Children (one party signs) (pdf)