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
- Case identifiers — name, number, forum/agency, hearing date, submitting party
- Chronological facts — key dates, events, parties, relationships
- Witness list — names, contact info, relationship, expected testimony
- Documentary evidence — medical records, photos, correspondence, reports
- Medical records — providers, diagnoses, treatment history, causation opinions
- Damages — itemized breakdown by category and time period
Quick Start
- Gather all required inputs above.
- Draft each section below using numbered paragraphs throughout.
- Tie every factual assertion to identified evidence — no unsupported claims.
- Mark uncertain citations with
[VERIFY]. - 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