going to court

[strum456]

Go sit in the judge's courtroom and listen to how he conducts his other cases before you file your case.

One thing you want to be sure of is that the other party doesn't have a good counterclaim against you.

So I would be permitted to show up early and sit in on someone elses case? I am concerned that the judge would get annoyed because I really had no business being there.

How would a business have a counter claim against me for doing shotty work? I paid them in full, on time. Is there something I need to think about?

 

[duke7595]

I feel that it is the right of every citizen to seek JUSTICE in a court of law,
if it is the last recourse.

However, when someone states they love going to court, the statement in itself
reflects the character of he or she. I don't believe anyone should love such a thing, and then with boast about the details, even to the point of ruining a mans supper.

This should give everyone the reason why the court system is so back logged
regarding civil cases.

Sincerely, Duke

 

[Mike Costello]

Thanks, that is pretty much what I was thinking. Should I be planning to make some kind of an opening argument? Or will the judge just ask questions and should only answer what he asks

The judge will pretty much control your court session. Just answer his questions calmly and directly and avoid over explanations. Judges hate windy narratives. Furnish all documentation as requested. He will probably take your case under "submission" which means he will review it later and mail the parties his decision. That is why good organized paperwork is essential, so the judge gets a clear picture of the case. Remember, the judge will be hearing many cases that day--so make it easy for him to render a decision. That's why the guy with the most organized paperwork often wins. I've taken people to court who showed up with nothing more than scraps of paper to prove their case and watched the judge literally roll his eyes in frustration. I knew what the outcome would be before I left the court! Mike.

 

[ultrarunner]

So I would be permitted to show up early and sit in on someone elses case? I am concerned that the judge would get annoyed because I really had no business being there.

How would a business have a counter claim against me for doing shotty work? I paid them in full, on time. Is there something I need to think about?

Can't give legal advice... in my county the small claims courts are open to all... in high school my class even had the chance to spend an afternoon at the courthouse watching a couple of cases and then we had our own mock trail... I was able to sit on the bench and two real lawyers argued the case with about a dozen classmates going from script... it was an education.

As to their defense... I imagine they could try and argue they did the work as contracted and can't be held responsible if you only paid for half a job...

On the other hand... many use the defense that the inspector signed off... so the work is complete...

 

[powerpace]

Well I'm headed to court for "failure to perform the duties of a driver". I got a ticket yesterday (Tuesday) for something they say I did on the 22nd, last Wednesday. A witness stated I had sideswiped a car as I was parking and left a 6' foot gash in the side. No one approached me. I didn't know I did it. This was in Lowes parking lot. I have no damage. The Officer writing my ticket looked at my grill guard on the pickup and pointed at a mark and said "I know where to look". Still no paint damage, nothing. Getting an Attorney for this one. The other driver said I can't see the car but he will sent pictures. He also wouldn't tell me the name of the witness who was there for ten minutes. This was the time I am in the store and then left.
I wouldn't be so concerned except the fine is $6250.00 and felony with jail time.

 

[ultrarunner]

Didn't realize this is a not a civil case...

I would definitely call in a pro...

 

[Fixemall]

Reading this I realize that I have been sincerely blessed with good people in my life, I never have had a financial dispute with any of my business partners or vendors, probably due to the fact that I only do business with folks that I am comfortable with and know when something doesn't seem right I should walk away, this has probably cost me some money in the long run but, I sleep well at night. As far as actual court goes, I have only had to be there 3 times in my life, once for a divorce, once for beating up a thief and once for an armed confrontation with two drunks that drove into the side of a house I used to own...every time I did not speak a word to police and let my lawyer handle the situation and every time I walked away. My advice to anyone going to court is to hire a good lawyer and keep your mouth shut, he who speaks first usually looses and even the most honest statement can be spun against you.

 

[JamesHW]

Well I'm headed to court for "failure to perform the duties of a driver". I got a ticket yesterday (Tuesday) for something they say I did on the 22nd, last Wednesday. A witness stated I had sideswiped a car as I was parking and left a 6' foot gash in the side. No one approached me. I didn't know I did it. This was in Lowes parking lot. I have no damage. The Officer writing my ticket looked at my grill guard on the pickup and pointed at a mark and said "I know where to look". Still no paint damage, nothing. Getting an Attorney for this one. The other driver said I can't see the car but he will sent pictures. He also wouldn't tell me the name of the witness who was there for ten minutes. This was the time I am in the store and then left.
I wouldn't be so concerned except the fine is $6250.00 and felony with jail time.

Never been to court except as a juror or as a witness (as a PI representing an airline), but in your specific case I would check to see if Lowes has a security camera which could verify your side of the story?

Not sure how something like that could happen (a six foot gash) without your awareness.

Good luck!

 

[newbury]

Didn't realize this is a not a civil case...

I would definitely call in a pro...

Seems there are several threads going on here. Kaw, the OP, hasn't stated WHY he's going to court.
For the OP -
1. How big a case? Lawyers cost $$$, someplaces they are needed.
2. How prepared is the other side? You need to be better prepared.
3. What do you look like? Today I look like Billy Gibbons of ZZ Top, with a beard halfway to my navel. The 17th of March (St. Patricks Day) I'll be more like

then it all comes off and I'm clean shaven for a while. Appearances matter. Try to look like what the rest of the courtroom looks like or slightly better.
4. GENERALLY the less you say the better, they can't say you misspoke if you didn't say anything.

The best solution is to have married a lawyer

 

[bearhawk]

Lawyer cost me $250hr and $8,000 later,I now have custidy of my 10yrs old son:thumbsup:

Priceless !

 

[FastPauly]

Going to court?.....yep, today as a matter of fact. My first time at being a juror...kind of looking forward to taking a part in the process. :thumbsup: