How to Prepare Evidence for New York Family Court

What counts as evidence

CourtHelp describes evidence as information a party shows the court to prove their case. It comes from people (witnesses) and things (exhibits). The rules for getting evidence in front of the court can be hard to follow. Court Help Center staff can explain the process but cannot prepare your case for you.

Witnesses

Witnesses can include the parties, people who know things important to the case, people who keep relevant records, and experts. In a custody hearing, CourtHelp notes that witnesses are usually the parents, and can also be relatives and people who know the child or the parents. Witnesses swear that what they say is true.

If a witness will not come voluntarily, a subpoena can require them to come and testify. Family Court Act § 153 authorizes the Family Court to issue subpoenas, including a subpoena duces tecum for documents. CourtHelp suggests visiting the clerk's office for the form, how to deliver it, any witness or mileage fee, and how to get it signed by a judge.

Exhibits

CourtHelp lists pictures, police, medical and school records, and other documents as examples of things that can be offered as exhibits. Two points it highlights:

• Public records need certification. Public documents must come with proof from the agency that they are true copies of its records. This is called a certified copy.
• Records held by others can be subpoenaed. A subpoena for records can require a person or organization to bring documents to court.

What to bring

CourtHelp suggests submitting, before the hearing date, any documents that may be important, such as old court orders, photographs, police reports, receipts, bank statements and school records. On the day of the hearing, bring a copy of the petition, the notarized Affidavit of Service if you arranged service and have not already filed it, and those documents.

For a child support hearing, CourtHelp says the parents must give the court their most recent tax returns, pay stubs and a completed financial disclosure form, and that the court will usually ask for proof of expenses such as food, rent, clothing, medical costs, child care and education.

A simple way to organize

1. List each thing you need to prove, in the order the petition raises it.
2. Under each point, list the witness or document that proves it, with dates.
3. Put documents in date order and label each one so you can find it quickly when the judge asks.
4. Ask the clerk how many copies your court wants and whether documents can be submitted ahead of time.