5/3/11

Civil Court Hearing Tips

  • Bring Legal Counsel If Allowed

    • In some types of civil cases, such as small claims court, you are required to represent yourself. Other types of civil cases, such as divorces and guardianship cases, allow for you to be represented by an attorney. If you are allowed to have an attorney, it's always a good idea to retain one. An attorney can help you build a strong case and instruct you in the finer points of law.

    Show Up on Time

    • Judges do not appreciate plaintiffs or defendants who waste the court's time by being late or, worse, by not showing up at all. If you miss a court date, the judge may rule against you simply because you were not present to tell your side of the story.

    Come Prepared with Evidence, Witnesses and Exhibits

    • If you have an attorney, your attorney will take responsibility for handling the evidence; but if you are representing yourself, it is important to bring anything that is pertinent to the case. For instance, if you are suing someone in a small claims court for property damage, bring pictures of the damaged property and two estimates for getting the property repaired. If you are filing for a restraining order, bring police reports, rulings from criminal courts, and witnesses to show that the defendant is dangerous.

    Dress Professionally

    • Wear business attire. Jeans, shorts, short skirts, low-cut blouses, and hats are not welcome in court rooms.

    Leave Young Children at Home

    • Do not bring children to court unless they are involved in the case and the court or the attorney has advised you to bring them. If you do have to bring children, bring a friend who can stay with them outside the courtroom until it is the child's turn to testify.

    Observe Courtroom Etiquette

    • Rise when the judge enters or leaves the courtroom. Speak only to the judge or to the attorneys, and speak only when asked a question. Speak calmly and clearly, and answer only the question being asked. Address the judge as "Your Honor." Do not speak directly to your opponent. Turn off your cell phone and pager during the court proceedings, and do not engage in any other distracting behavior like chewing gum, eating, talking with friends, or listening to music.

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