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In a couple of weeks I'll be going to Civil Court to sue one contractor of a
large local construction company (a DBA) that left my roof a mess. Since I'll
be representing myself, what are the dos and donts of dress (conservative
homeowner?) and behavior at this city court?
zemedelec
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On Tue, 29 Jun 2004 17:33:05 -0400, zemedelec@aol.comspamfree
(Zemedelec) wrote:
In a couple of weeks I'll be going to Civil Court to sue one contractor of a
large local construction company (a DBA) that left my roof a mess. Since I'll
be representing myself, what are the dos and donts of dress (conservative
homeowner?) and behavior at this city court?
zemedelec
Dress appropriately - that means wear a suit.
As for behavior - be respectful, address the Judge as Your Honor.
Speak only to the Judge, not the other side, unless directed to do so
by the Judge.
Never interrupt the Judge.
Be prepared. Be very prepared. Know your evidence, paperwork and
facts inside-out and sideways.
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Zemedelec <zemedelec@aol.comspamfree> wrote:
In a couple of weeks I'll be going to Civil Court to sue one contractor of a
large local construction company (a DBA) that left my roof a mess. Since I'll
be representing myself, what are the dos and donts of dress (conservative
homeowner?) and behavior at this city court?
zemedelec
I would highly recommend "Represent Yourself in Court - How to Prepare
and Try a Winning Case" by Paul Bergman (Nolo Press). I read this book
and was quite ready to take on a case myself - luckly for my opponent,
things were settled before it got that far.
It explains a lot about court procedure, dress code, how to conduct
yourself etc.
Regards
Nigel
--
http://www.sysadmininc.com (My daytime job)
http://www.british-expats.com (My spare time)
"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or
numbered! My life is my own" - the Prisoner.
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In a couple of weeks I'll be going to Civil Court to sue one contractor of a
large local construction company (a DBA) that left my roof a mess. Since
I'll
be representing myself, what are the dos and donts of dress (conservative
homeowner?) and behavior at this city court?
zemedelec
_____________________________
You definitely have the right idea. My suggestion is to spend some time at
the court at least a week before you appear. For example, if your setting is
on a Monday, go to the court the preceding Monday and just watch. (in my
experience courts do the same kind of cases on the days of the week). A
court is a public setting so you need not worry about being denied
admittance, and you will learn a lot about dress, decorum, and more
importantly the style of the judge. You may even learn a lot about your
case.
Barring that, wear business attire. Nothing flashy, but let the judge (and
the opposing party) know that you take this seriously.
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Zemedelec wrote:
In a couple of weeks I'll be going to Civil Court to sue one contractor of a
large local construction company (a DBA) that left my roof a mess. Since I'll
be representing myself, what are the dos and donts of dress (conservative
homeowner?) and behavior at this city court?
zemedelec
In any court, conservative business suit for men or the equivilent for
women. Neat, but not expensive looking. Minimum or no jewelry. No lodge
pins, large rings, etc. Stand as the judge enters and leaves. Use "your
honor" when addressing the judge and "Mr. ___" when referring to the
other councel or respondent. When testifying, look at and speak to the
jury, or the judge, if a bench trial.
Go by the court on a day prior to the trial, to get familiar with the
setting. You'll be more comfortable. If the bailiff or clerk is around,
or if you can talk to the bailiff by getting to court early, introduce
yourself and tell them your situation. Ask if that judge has any
particular rules or dislikes.
Be dignified. Not stuffy. Not casual. If you get by the court on an
earlier exploratory trip when it's empty, get accustomed to the view and
feel from the councel tables. You will have to discipline yourself to
stay back from the bench unless you ask to approach or are asked to come
forward. Address the court from a standing position behind your table.
Question witnesses from a sitting position behind your table, unless you
are working with visual aids or have to hand the witness something. You
will sometimes feel like you're popping up and down, but that's okay.
(Ask the bailiff about local custom on this, though. There are other
ways of doing it in different places. If it *is* local custom to
cross-examine standing, do it.) (In city court, the bailiff may just
give you a blank look. If so, it means he doesn't know or care, and you
can do the most dignified thing.)
Don't approach the witness stand to show them something without asking,
"May I approach the witness." Be absolutely civil with the opposition,
no matter how annoyed. If they are snide or obnoxious, let them be. The
judge of jury will think poorly of them. Don't address the opposition
directly, even if they address you directly. Direct comments to the
court, as in, (to the judge) "We request the respondent provide a copy
of the document."
If you need any aids, like an easel, slide projector tv and vcr, arrange
that with the bailiff or clerk well ahead of time. Refer to "the court"
in such things as, "If it please the court, I would like to show a video
tape." Also, ask the judge about passing exhibits to the jury. "May I
pass this to the jury?" Similar for the judge. (You may actually be
handing an exhibit to a bailiff to pass for you.)
Speak clearly, and don't rush it. When you ask a question, let the
witness finish answering before you ask another. Don't pretend to be a
lawyer. Use plain language. Don't let youself get loud. Perry Mason was
just a television character.
--
Gerald Clough
"Nothing has any value, unless you know you can give it up."
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Zemedelec wrote:
In a couple of weeks I'll be going to Civil Court to sue one
contractor of a large local construction company (a DBA) that left my
roof a mess. Since I'll be representing myself, what are the dos and
donts of dress (conservative homeowner?) and behavior at this city
court?
1. Suit and tie (or female equivalent)
2. Do NOT NOT NOT talk out of turn
3. Answer judge's questions on point.
4. Do not tell the other party what is in his mind
5. Bring pictures. Remain calm and describe very clearly your points using
those photos to illustrate.
-paul
ianal
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Be prepared. Be very prepared. Know your evidence, paperwork and
facts inside-out and sideways.
By being so well prepared that, even for the pre-trial conference, I had the
orders of execution prepared with photos of the other guy's stuff, I settled
a bunch of cases before trial for 100% of what I wanted.
It was a bit of a bluff, but once the forms were in the computer it wasn't
too hard to prepare for each case, and if I lost I'm not out anything but a
little time.
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Be absolutely civil with the opposition,
no matter how annoyed. If they are snide or obnoxious, let them be. The
judge of jury will think poorly of them.
I've won several very weak cases precisely because the other side pissed the
judge off. I've also won a few because, in their anger, the other side ended
up saying something that supported my case. It's easy to get diarrhea of the
mouth in small claims, so it's best to keep your own mouth shut and
encourage the other side to take a laxative.
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Scott Hedrick wrote:
I've won several very weak cases precisely because the other side pissed the
judge off. I've also won a few because, in their anger, the other side ended
up saying something that supported my case. It's easy to get diarrhea of the
mouth in small claims, so it's best to keep your own mouth shut and
encourage the other side to take a laxative.
Absolutely. I can't tell you how many times a defense lawyer, apparently
feeling they hadn't asked enough questions, asked the one that kicked
the door open to things they could otherwise have kept out.
I think the applicable advice is to never ask a question unless you're
pretty sure what the answer will be.
--
Gerald Clough
"Nothing has any value, unless you know you can give it up."
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