There are generally two types of evidence that are presented at hearings. The first is testimonial evidence, that is, evidence that comes from the testimony of a witness. The second type of evidence is documentary evidence, that is, documents that are relevant to the issues being decided in the case. As an example, in a wage and hour case, documents that will be very important are things such as pay check stubs, time cards, or perhaps a written employment agreement.
When deciding what testimonial evidence to present at hearing, choose witnesses who have firsthand information: a person who directly saw or heard the event to which they are testifying. Someone who testifies about what someone else said, saw, or heard is giving hearsay testimony. Hearsay testimony may not be admissible at hearing. Even if it is admitted, it may not carry as much weight as evidence coming through a person who has first-hand knowledge. A witness with firsthand information is generally considered more reliable than one who presents only hearsay evidence since a witness with firsthand information can be cross-examined.
When you are considering which documents to present at hearing, remember to make sure the documents are relevant to the issues in the case. Be prepared to have a witness testify (whether it is you or another person) who can explain what the document is and how it is relevant to the case. Although in many circumstances photocopies of relevant documents will be admissible, it is a good idea to bring original documents for the hearing if possible.
The evidence you produce at hearing is very important because only evidence presented at the hearing will be considered. Therefore, you should have all your witnesses and all your documents available for the hearing. When you are preparing for hearing, carefully think through your case. Ask yourself what information, documents, or witnesses will help to establish the facts in your favor.