HEARING AND TRIAL PREPARATION

Witness & Exhibit List

Each litigant shall prepare a witness and exhibit list; a court form can be obtained from the clerk’s office or from the Court’s website mohavecourts.com, “Court Forms” link Divorce Forms. 

In the witness list, you must identify each witness you intend to testify at the time of trial by name, address, telephone number and a brief statement as to what that witness will testify.

In the exhibit list, you will describe each document or thing that you intend to present to the court at the time of hearing or trial.  For example, if you would like to present a calendar as it pertains to visitation, photographs or financial documents,
they should be listed and described.

The witness and exhibit list will be filed with the clerk and a copy of the list and copies of the actual exhibits must be sent to the other party.  Copies to opposing counsel/litigant must be provided at least three (3) working days before a scheduled hearing. Proof that the list and exhibits were served, mailed or
delivered to the other party must also be filed with the Court. The reason for providing copies is so that both parties are aware of what the other party will be presenting to the Court. Do not file the original exhibits in the case.

The original exhibits must be presented to the clerk at least two days prior to the hearing or trial.  You will provide the clerk with the original exhibits for marking; please note that the original exhibits are submitted to the clerk and not filed.  You
will also present a photocopy of the exhibits for use by the Judge.  The Judge will need a copy in order to follow the witness when testifying about an exhibit.  Again, each litigant must also mail/provide a copy of their exhibits to the other party, prior
to the trial, and file proof of service/mailing of the exhibits to the court.  Please see the Court’s Exhibit Protocol.

If either party fails to prepare a witness and exhibit list or fails to comply with the exhibit protocol or hasn’t proven to the Court that the list or copies of the exhibits were mailed to the other party, that litigant will be precluded from calling their
witnesses or presenting their exhibits.

Amended: September 23, 2011