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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsI'll be in court tomorrow and I need to know how to address the judge...
And I could use any advise anyone wishes to give about my general conduct in the court room towards the judge or police officer. Especially any DOs or DON'Ts.
This is a civil traffic case.
CaliforniaPeggy
(149,637 posts)How you should behave is respectfully.
Katashi_itto
(10,175 posts)is not the way to address a judge.
hrmjustin
(71,265 posts)Sir or ma'am is fine for the court officers.
gvstn
(2,805 posts)I was in court for a civil case and didn't know the correct form. I thought Ma'am would be appropriate but all the lawyers/attorneys in the room addressed her as Your Honor. Lawyers are all scared to death of judges and if they use Your Honor you should do so to. The judge knows you, as a lay-person, don't know proper form and won't hold it against you, but it can't hurt to do it properly from the start.
MADem
(135,425 posts)I contested a ticket once (and won). But I didn't go before a judge, I went before a magistrate, and they are just called Magistrate or their name.
I had proof in the form of an improperly filled out ticket that got me off. If the ticket is bogus, they toss it out. I was in there for about thirty seconds, tops. It was a quick process. The police read his copy of the ticket, I said that's not what the ticket says, showed it to the magistrate, and Boom--dismissed.
I don't know how well "arguing one's case" works. Dress nicely, and good luck!
rug
(82,333 posts)Take your time and ask simple direct questions of the cop. (I assume you have a defense.)
Everybody in the courtroom will be bored, annoyed, or chummy with each other.
Just state your case calmly and to the point.
Good luck!
msanthrope
(37,549 posts)Do not suggest that the LEO is 'lying.' He may be 'mistaken.'
Can you tell me more?
DevonRex
(22,541 posts)I didn't double check the law on digital proof of insurance. I should have.
msanthrope
(37,549 posts)not challenge them directly, but merely state what happened, and have a copy of the law.
Tell the judge exactly what you want, and allow the cop an 'out'--"I know this is a new law, less than a year old, but I was in compliance, and I would like my ticket voided."
Be respectful, and if the cop tries to question you, just look at the judge and don't engage the cop. Good Luck.
Gravitycollapse
(8,155 posts)msanthrope
(37,549 posts)remember that he's trying to justify his being a dumbass.
DevonRex
(22,541 posts)Senate
House
Legislative Council
JLBC More Agencies
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Calendars/News
28-4131. Definition of evidence
In this article, unless the context otherwise requires, "evidence" includes:
1. An original, a photocopy or a copy of a current and valid:
(a) Motor vehicle or automobile liability policy that meets the requirements of section 28-4009.
(b) Binder or certificate of motor vehicle or automobile liability insurance that meets the requirements of section 28-4009.
(c) Certificate of self-insurance issued by the department under article 1 of this chapter.
(d) Certificate of deposit that meets the requirements of section 28-4084.
(e) Motor vehicle insurance identification card issued by an authorized insurer or an authorized agent of the insurer for a motor vehicle or automobile liability policy that meets the requirements of section 28-4009.
(f) Certificate of insurance for a policy that meets the requirements of section 28-4033.
2. Designation of a motor vehicle as owned or leased by this state or any of its political subdivisions according to section 38-538.
3. A display on a wireless communication device of any item listed in paragraph 1 of this section.
KittyWampus
(55,894 posts)agreement. Don't most places do that?
The agreement is then put before the judge and when the judge calls your name you stand up and they ask if you are ready to accept it.
Any details to that agreement should have been made prior when speaking to district attorney
fines, due dates, community service.
So you wait and address judge as "your honor".
Just Saying
(1,799 posts)Good luck to you!
BlueStreak
(8,377 posts)unless you are talking about DUI or something. I assume it must be a minor violation or else you have a lawyer do all the talking.
Be respectful of both the judge and police officer. They will be looking for any excuse to shut you down.
Don't waste their time talking about things that aren't really decisive in your case. I assume there must be a set of facts that you believe prove your innocence. If so, try to address those facts as concisely as possible.
Do not imply that the officer was biased, incompetent, lazy, blind or just plain stupid. Don't imply anything about the officer. Simply say, "Your honor, here are facts that I hope the court will take into consideration."
Allow the officer to save face. Don't make an argument so rigid that the judge can only decide in your favor by going against the cop. They rarely will do that. But if it is possible to suggest that the officer might not have been aware of everything that led the citation, that is easier for everybody to deal with.
Smile. Be polite. Thank both of them for their time. You are not angry with them. There is simply a disagreement about some of the facts.
Dress nicely, but it isn't necessarily an advantage to look so good that they may think you are cocky or arrogant.
Brother Buzz
(36,444 posts)Brewinblue
(392 posts)Love this Three Stooges short, definitely a fave, nyuk nyuk!
AnotherMcIntosh
(11,064 posts)1) If there is a sign-up sheet, don't be in a rush. The clerk (and in some cases the judge) will typically first call the cases handled by attorneys. Then they may go down the list, starting at #1. Watch how the other individuals conduct themselves and how the judge reacts.
2) You can't go wrong in being as polite as you can be. Prepare yourself by simply writing down what you want to say in plain declarative sentences. Don't interrupt anyone. When it is your turn to talk, don't read from your notes, be patient while speaking without rushing, and speak clearly so that you can be heard.
Riftaxe
(2,693 posts)Do not argue with him/her, you cannot win. Like most diva's they always want to be the center of attention, so other then prosecution presenting or advising on evidence, do not let your attention wander.
Other then that, take your queues from the judge, dress well and be little respectful but not in an obviously obsequious manner.
rrneck
(17,671 posts)branford
(4,462 posts)Even though I've been a commercial litigator for 16 years, and am pretty much immune to court antics, difficult judges and inappropriately mannered witnesses, that scene from My Cousin Vinny invariably produces a chuckle. Thanks.
As for advice on how to act in court, it's always safe to refer to the judge or magistrate as "Your Honor." It is also helpful to observe how other people act, and react, in the courtroom, and take appropriate cues. If an assistant district attorney or state officer is available, I would recommend speaking with them about your ticket and trying to settle. Very often they will agree to a lesser violation in exchange for a "guilty" plea. This often results in a much lower fine and reduced or no points, if applicable. In some traffic courts, no county attorney is present, but the issuing officer has similar settlement authority and should be consulted if you wish to settle.
Good luck.
TorchTheWitch
(11,065 posts)Just be on your best behavior. Be careful not to talk over anyone. Bring any and all evidence with you... documents, photographs, etc. Dress appropriately. Speak clearly. When addressing the judge you should stand unless they say you don't have to... some judges are more casual and will say standing isn't necessary when you stand up. Don't even pay any attention to the police officer since they'll be testifying against you. Don't even look at them. Don't interrupt the officer no matter what he or she is saying... they get to have their say and so do you. Speak directly to the judge... they want you to look at them when you're talking to them. The judge might interrupt you - let them, and don't act exasperated if they do. If you have any evidence to bring with you be familiar with it so you can refer directly to something without fumbling around. Judges don't like time wasting. Be familiar with dates, times, and other details of the event. Be respectful even to the police officer and be respectful when telling your story about him/her... in other words, don't refer to them as a jerk or whatever.
Preparedness is really key. Having dates, times, and other specifics right on the tip of your tongue is impressive. Judges like that. Most people go to traffic court totally unprepared and can't remember a lot of particulars even simple things like the date, day, time, road where the incident happened, etc.
Make sure you're on time. If you have to leave extra early to make sure you know where you're going than do so. It's better to sit in the waiting room with a book than arrive late or even arrive just in time but rushing and looking harried. Judges really hate lateness. They have a tight schedule and they might hold lateness against you.
No matter what don't let your emotions get the better of you. If it helps, pretend that you're totally neutral and talking about someone else.
Don't fawn over the judge, and thank them at the end whether you win or lose the case. You want to be respectful without overdoing it.
branford
(4,462 posts)However, in some counties, it is necessary to speak with the issuing officer if you wish to try to settle your case. Settlement - a plea of guilty to a lesser violation - may result in a much lower fine and fewer or no points.
RobertEarl
(13,685 posts)Dude, what'sup? Nice shoes. Saw you get out of your car and those are some nice wheels man. Heh, nice seat covers too, knowwhatImean?
Did you know your tag is expired?
Anyway, that cop there, man, he's da shitz, hassling me for no reason, man. I shouldn't even be here. Look at him. He even looks mean!
I was just cruzin, judge, had my head phones on listening to some rock out JJCale tunes, ya hear he kicked it? What a bummer. So there I was singing along to Cajun Moon and bam, this cop dude yanks my chain man and all I was doing was going home to see momma, y'know?
Hey, after your gig is over today what say we go get get a beer?
RudynJack
(1,044 posts)as "Your Honor", or Sir or Ma'am. Did you really not know this?
DevonRex
(22,541 posts)She has some tips for you.
Niceguy1
(2,467 posts)Chick that told the judge off a few months ago
liberal N proud
(60,336 posts)If it is traffic case, it may be a mayors court which does not involve the mayor but the judge does not go by your honor. It could also be a magistrate. Even the judge says not to use your honor, at least use sir or madam.
Either way, they are used to people who are unfamiliar with court proceedings and don't have council. Just treat them with respect and don't be argumentative. That usually does not end well for the plaintiff.
backscatter712
(26,355 posts)Last time I went to court, I wore a suit and tie. The judge complimented me, said he thought I was an attorney.
Lars39
(26,109 posts)Good luck!
FSogol
(45,488 posts)Guy Whitey Corngood
(26,501 posts)Orrex
(63,216 posts)If he's a man, then address him as "bro" or "dude."
If she's a woman, then "honey" or "toots" is preferred.
If this is about your virtual insurance documentation, then good luck to you. I hate to seem negative, but it sounds like the kind of case that's tailor-made for generating municipal revenue.
datasuspect
(26,591 posts)"I'M OUT OF ORDER? YOU'RE OUT OF ORDER! THE WHOLE SYSTEM IS OUT OF ORDER!"
leftynyc
(26,060 posts)Dress neatly to convey respect for the court (doesn't have to be a dress or suit but a shirt with a collar is called for). If you have a lawyer, let him/her do the talking unless the judge addresses you directly.
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