What happens at a due process hearing?
The people that come to the due process hearing are the Hearing Officer, the parties and their attorneys, the witnesses, and a court reporter. Due process hearings can last anywhere from a few minutes to several days. Most due process hearings will have: 1. Opening statement – Each party may tell the Hearing Officer their side of the case. The party with the “burden of proof” will be asked to make its opening statement first and the other party will follow. You do not have to make an opening statement, but it may help the Hearing Officer understand your side of the story. These opening statements are not evidence and cannot be used to prove facts in the case. 2. Presentation of evidence – In most cases, the party requesting action has the “burden of proof.” If you have the burden of proof you must show by evidence (testimony, documents, etc.) that you are entitled to get what you are asking for. Usually, the party requesting the action presents its evidence first. 3. Witnesses – Each p
The people that come to the due process hearing are the Hearing Officer, the parties and their attorneys, the witnesses, and a court reporter. Due process hearings can last anywhere from a few minutes to several days. Most due process hearings will have: Opening statement – Each party may tell the Hearing Officer their side of the case. The party with the “burden of proof” will be asked to make its opening statement first and the other party will follow. You do not have to make an opening statement, but it may help the Hearing Officer understand your side of the story. These opening statements are not evidence and cannot be used to prove facts in the case. Presentation of evidence – In most cases, the party requesting action has the “burden of proof.” If you have the burden of proof you must show by evidence (testimony, documents, etc.) that you are entitled to get what you are asking for. Usually, the party requesting the action presents its evidence first. Witnesses – Each party may
