What will happen at my hearing?
Whether you proceed on your own or with a legal representative, the Immigration Judge will advise you of your rights. You will have an opportunity to obtain a legal representative at no expense to the government; to make an appeal; to present evidence; to testify and have witnesses testify; to examine and object to the government’s evidence; to cross examine witnesses presented by the government. You will have an opportunity to plead to the allegations and all charges. If removability is not conceded, the Immigration Judge will conduct a hearing to determine the issue of removability. If removability is established, the Immigration Judge will advise you of any potential relief and allow you the opportunity to submit the appropriate applications for such relief.
At the start of the hearing, the hearing officer will begin the record and explain the hearing process to you. The insurance company will be allowed to present its case first and submit evidence. You have the right to question company representatives about any testimony given and/or any evidence presented. After the company has finished, you will also have a chance to present your position and submit evidence, and company representatives may in turn question you. Each side will also have the opportunity to make a closing statement before the end of the hearing. The hearing officer will listen to arguments of both parties and ask questions for clarification if necessary. The hearing officer will not make any decision on your case at the hearing. Only the evidence presented on the record during the hearing will be considered by the hearing officer in making a decision. Sometimes, if requested by one of the parties, the hearing officer will hold the record open until a certain date for th
When you arrive at the tribunal you should report to reception. Before the hearing a tribunal clerk will discuss with you the number of witnesses you have and collect any documents you may have brought for the tribunal. The letter we send you will tell you how many copies to bring. You should tell the clerk if you or any of your witnesses have any special needs or concerns. The Employment Judge will make sure that you take the steps described below in a calm and measured way. However, he or she may have to be firm in moving the case on to make sure that it proceeds at a pace which allows it to be dealt with within the time set aside. Generally in an unfair dismissal case the respondent will give evidence and call any witnesses first, while in a discrimination case the claimant will normally be first to give evidence followed by any witnesses. However, there is no absolute rule as to which side starts and this will be discussed with you before the hearing begins. You and your witnesses
You and the Executive Director will have the opportunity to present your cases. The hearing is conducted in a formal, organized manner to give all parties the opportunity for a fair hearing. Unlike a court, the Board doesn’t have to follow strict rules of evidence and places more weight on understanding the facts than on procedural technicalities.
The judge will listen to both sides of the story. To help tell your side, bring evidence like: • Witnesses • Photos • Bills • Receipts • Contracts • Other relevant documents that support your side The judge may make a decision at your hearing, or mail it to you later. Instead of a judge, you may have a commissioner or temporary judge at your hearing. They are both just like judges. A temporary judge (called a “judge pro tem” or “judge pro tempore”) is a lawyer who hears and decides cases. If you don’t want a temporary judge, you can ask the court to have a judge hear your case. You may have to come back another day. Click here to find out how to get ready for court. [ Top of Page ] Can I appeal the judge’s decision? You can’t appeal if you were the one who filed the claim. If someone else files a claim against you and you lose, you can appeal. [ Top of Page ] How do I file an appeal? If you were at the hearing, you must file a form called “Notice of Appeal.” You have 30 days to do this
