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Saturday, February 26, 2011

How Should a Party Conduct Themselves in Court?

Whether or not you have an attorney, the following are general rules you should consider if you plan on appearing in Court:
  1. Be to be on time and check in with the bailiff.  Failure to arrive promptly could result in a decision being made without your input or your matter being completely removed from the Court's calendar.
  2. Dress like the case matters to you.  You do not need to be in a suit, but you should be clean and neat.  No jeans, shorts or hoodies.  This should go without saying, but the attire I see in a Courtroom never fails to surprise me.
  3. When appearing before the Judge, stay calm and keep a relaxed face.  The Judge is watching your expressions and monitoring your behavior.  Don't cross your arms.  Sit up and be attentive.  If you find yourself becoming upset, simply ask the Court if you may have a moment to compose yourself.
  4. DO NOT argue, talk at or to the other party.  When the Court asks you a question, you are to respond to your attorney, or the Court directly, if you have no attorney.  If you have an attorney, that person will address the Court with  your comments, or direct you to answer the Court yourself.
  5. If custody is at issue, remember this child is not an immaculate conception, it is "our" child, not MY child.
  6. You don't have to like the other side, but be respectful.  It is not helpful to make snide comments about your child's other parent, or accuse them of "lying."  If they make a statement you believe if inaccurate, you may address the Court when it is your turn to talk.
  7. NEVER INTERUPT the Court or the other parent.
  8. Keep your cheerleaders at home.  You do not need to bring a crew of people with you.  Often support people insert themselves into your case, or agitate the other side, both of which are not helpful.
  9. Bring a pen and paper, copies of the documents you have filed, and a filed proof of service for each document you have provided the other side.  It is also a good idea to bring an extra copies of any document you have filed, in case your paperwork did not make it into the Court's file in time for the hearing or was misplaced.  Keep your documents organized so that you can access them if the Court asks you a question, or asks to see a document.  And, if there are any documents you plan on presenting to the Court, bring copies for the other parent, yourself and provide an original to the Court.  Be warned, however, the Court will rarely accept documents on that day, preferring instead each document be properly filed with the Court and served upon the other party.
  10. Be prepared to reach an agreement.  You should come armed with what you want, and what you will agree to.  There are many times the Court will direct you to discuss your matter out in the hall with the other side to see if you can reach some middle ground.  With that in mind, it is a good idea to have some alternate ideas about what result you are seeking.
  11. Know that the paperwork that was filed and responded to contains the "issues" that will be discussed in Court.  If the paperwork has boxes for custody and visitation checked, you will not be discussing who gets the house.  If you are in Court for support, it is highly unlikely the Court will address matters concerning custody of your children.  With that in mind, bring notes about what you want to discuss with the Court, to keep you focused.  Often when folks get nervous, they tend to bring up anything and everything, resulting the Court shutting them down.  Unfortunately, when this occurs, they often have not even brought up the issues they came to court to deal with.
  12. Regardless of the result, thank the Court and exit the Courtroom with dignity.  It is highly possible you will appear again in the front of the same Judge and misbehavior is remembered. 
For more information regarding California Family Law contact Stone Law Group at (559) 226-1910.

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