casemark/pre-hearing-statement

Pre-Hearing Statement of Proof

Produces a numbered-paragraph prehearing submission presenting evidentiary foundation, witness summaries, and legal arguments for a personal injury matter.

Required Inputs

1. Case identifiers — name, number, forum/agency, hearing date, submitting party
2. Chronological facts — key dates, events, parties, relationships
3. Witness list — names, contact info, relationship, expected testimony
4. Documentary evidence — medical records, photos, correspondence, reports
5. Medical records — providers, diagnoses, treatment history, causation opinions
6. Damages — itemized breakdown by category and time period

Quick Start

1. Gather all required inputs above.
2. Draft each section below using numbered paragraphs throughout.
3. Tie every factual assertion to identified evidence — no unsupported claims.
4. Mark uncertain citations with [VERIFY].
5. Review against the Pitfalls checklist before finalizing.

Document Sections

I. Introduction

| Element | Content | |---|---| | Caption | Case name, number, forum/agency | | Hearing date | Date and location | | Submitting party | Name, role (plaintiff/claimant) | | Nature of claim | Concise description of dispute | | Legal basis | Statutes, regulations, or common law grounds | | Relief sought | Specific remedy or damages requested |

II. Statement of Facts

• Strict chronological order
• Identify all parties and relationships
• Every assertion tied to evidence to be presented
• Objective tone building factual foundation for legal position

III. Issues for Determination

• Frame each disputed question as a precise issue statement
• Order logically for the hearing officer
• Distinguish legal questions from factual disputes

IV. Witness Summary

Per witness:

| Field | Content | |---|---| | Name | Full name | | Contact | Address, phone | | Relationship | Connection to case | | Expected testimony | Key facts/opinions to establish | | Purpose | How testimony supports position |

For expert witnesses, add: qualifications, expertise area, substance of opinions.

V. Exhibit List

| Exhibit | Description | Relevance | |---|---|---| | A, B, C… | Document type | What it proves |

Organize chronologically or by category. Assign identification letters/numbers.

VI. Medical Proof

• All treating/evaluating providers
• Diagnoses and treatment history
• Opinions on causation and impairment/disability
• Connect to applicable legal standards
• Persuasive but accurate tone favoring submitting party

VII. Legal Argument

• Cite applicable statutes, regulations, case law
• Show how evidence satisfies each legal element
• Anticipate and rebut likely opposing arguments

VIII. Damages / Relief Sought

• Itemize monetary damages by category (medical, lost wages, pain/suffering, etc.)
• Show calculation methodology and time periods
• For non-monetary relief, specify action requested and legal basis

IX. Stipulations

• Facts agreed to by both parties
• Exhibits admitted without objection
• Any narrowing of issues

X. Procedural History

• Prior hearings or proceedings
• Relevant discovery conducted
• Never reference settlement discussions (inadmissible)

Pitfalls

• Unsupported facts — every assertion needs identified evidence; no speculation
• Settlement references — exclude all settlement communications per FRE 408 / state equivalents
• Unverified citations — tag with [VERIFY]; do not present uncertain authority as definitive
• Local rule non-compliance — incorporate jurisdiction-specific procedural requirements when known
• Missing numbered paragraphs — all sections must use numbered paragraphs for easy reference