A Prove Up Hearing???

diamond · 04-29-2007, 03:01 AM

Hi,

I filed for a default judgement against a company (Non-PP case) and it was denied without prejudice. The Judge ordered me to schedule a Prove-Up Hearing, which I have. So I was wondering if anyone has had any experience with this? The Order stated that some of the documents (redacted exhibits) appeared unclear so I know I have to bring all my original documents with me. I seached the court rules and procedures but did not find out much regarding this type of hearing for a default judgement prove up. Anyone? Other than scheduling the hearing, does anyone know if I need to file any other documents (Motions) for the prove up hearing?

The case is in California Superior Court.

Thanks!

Diamond

Enigma · 04-29-2007, 08:16 AM

I've never heard of that one.

Your best course of action would be to purchase an hour of a CA attorney time.

hannah · 04-29-2007, 12:27 PM

Google "prove up hearing." It is common in divorce court. Nothing much to it...it is held when there is no answer to a complaint or petition and the plaintiff wants a default ruling. You schedule it and then "prove" your case against the absent defendant to the judge who will rule.

diamond · 04-30-2007, 03:42 AM

Hi Enigma and Hannah,

Thanks for responding!

I googled this yesterday and found things pertaining to, as you said, divorce stuff. So thank you for explaining a prove-up hearing, Hannah.

Do you think that I should try to get an attorney to represent me at the hearing? Or just do my best at it alone?

Thanks!

Diamond

hannah · 05-05-2007, 09:45 PM

Quote:

Originally Posted by diamond

Hi Enigma and Hannah,

Thanks for responding!

I googled this yesterday and found things pertaining to, as you said, divorce stuff. So thank you for explaining a prove-up hearing, Hannah.

Do you think that I should try to get an attorney to represent me at the hearing? Or just do my best at it alone?

Thanks!

Diamond

If you feel you need an attorney, then hire one BUT you can do this yourself with a little planning. Write down everything you want to say and have your exhibits and evidence all ready to show and enter into the record. Since you'll be the only one there with the judge and his staff, you don't have to fear opposition. I would do this myself but it's ultimately up to you.