The Prove-up Hearing 1. Preparing the Client for Testimony
When arriving at the court hearing, the first item of business is to locate the client. Then, introduce yourself to the client and ask if they anticipate the spouse appearing. This is good to know in advance so that you can prepare the client on how you will proceed when the respondent is also present. If there is a balance due on the case, it is important to address this early so that you don’t waste time if you are not ready to proceed. I usually tell the client “Well, let’s settle up the balance first.” They are usually ready with the funds. You may want to bring a receipt with you or you can offer them your business card if the client wants a receipt.
Before I go over the testimony, I advise the client of the court room process (i.e. checking in with the clerk, waiting for the case to be called, introducing the case to the judge, and the client being sworn under oath.) Next, you want to review the questions that you will be asking the client so that there are no surprises. Sometimes, dates are wrong or there is something the client does not understand. By reviewing, this allows you the opportunity to make sure everything is in order before you proceed. It is especially important to cover the grounds of the divorce so the client will provide the right answers. If you use the attached guides, they are designed for the client to primarily answer yes or no to just about every question. This makes it easier for you and more likely that the client will provide you with the proper responses. Once, the client is clear on the process and the questions asked, I advise them to take a seat in the court room while I finish the paperwork. I advise them to wait in the courtroom after the testimony to obtain a copy of the judgment entered (except DuPage the client must wait to receive a copy). 2. The Check -in Process
After consulting with the client, the next step is to check in with the clerk for the courtroom. This lets the clerk know that you are ready to proceed. Also, you may find out that the hearing may not be able to be held in that courtroom because the case requires a court reporter (a default case). The sooner you check in the sooner you can begin the transfer process if needed. If your case is transferred, you will want to explain to the client the transfer process and why it was necessary.
In order to check in with the clerk, you will need to present the original signed judgment with agreements, any relevant support orders, the 28-day transcript order (in Cook County), and the free transcript order, if needed. In addition, some judges may require there own information sheet which may need to be prepared. It contains similar information to the court reporter sheet. The clerk will usually review the file to be sure that everything in order. Sometimes, you may need to provide a duplicate from your file if something is missing from the court file. This process will get the clerk to call the case. In Lake County, you also submit the Illinois Certificate with the statistical information at this time and the UCCJA. 3. Presenting the Case in Prove-Up
Once the clerk calls your case, you will want to step up and the client will follow. Begin introducing yourself and the case right away. Be sure your client is in a good location for the court reporter if one is present and hand the court reporter her information sheet. In Lake County, once the witness is sworn they sit in the witness box. Then, follow the prove-up guide to present the testimony. Also have a copy of the proposed judgment in front of you in case the judge asks questions about where a term is located or as a back up. In addition, ask the client to identify the signatures on the document. It is important to only highlight the relevant terms since everything is on paper anyway. Only the key terms are needed to save the court time and to prevent lengthy transcript. You always need to cover maintenance, real estate, child custody and child support as well as any medical related to the child. It is not necessary to go over each and every term but if there is something unique you may want to highlight that term of the agreement as well. You may also want to address any typographical mistakes you may have discovered in the documents and ask the judge to amend the judgment based on the testimony provided. This is needed since the judgment proposed is usually signed by both parties but both parties are not present in court. The judge however can revise the order entered. Any changes made must be reflected on every copy. After the testimony is presented, you ask the judge to enter the order instanter. 4. The Final Paperwork and Consultation with the Client
Once, the testimony has been concluded and the judge signs all relevant orders. You present the copies to the clerk to obtain an official stamp (except in DuPage). The clerk will review the judge’s signed order and make sure your copies comply with the order entered. Place the copies in the file. Take one copy of the judgment with the agreements and the child support order if relevant and enclose them in the folder that is in the file. Leave the courtroom with client and present them with the folder. Ask if they have any questions. You may also want to point out that if the wife wants to resume use of her maiden name that she needs to obtain a copy with an official imprinted seal from the clerk for a fee. Be sure the client is happy with our services when they leave so they will refer more business. This is the last impression they will have. I also inform the client that if any issues arise to call us for assistance. We can always refer them.
