When preparing for court, it’s always important that you know the law and how it applies to the facts of your case. We are always preparing clients for their best and worst case scenarios before entering the courtroom. But managing your expectations about what the likely result be if you litigate your case is more than knowing the law or rules of evidence. Understanding your judge is a very big part of presenting your case in court.
If you are representing yourself, it is a good idea to spend a day or two (if you can make it happen) watching your judge. Most family law proceedings are public hearings and you can easily walk into a courtroom, sit in the galley, and quietly watch the judge who will be presiding over your case and take notes. If you can afford to take some time to watch your judge ahead of time, take note of the list below to help better understand how s/he manages his or her courtroom. Having this knowledge ahead of time will not only make the courtroom feel more comfortable for you — but it will also give you an advantage in presenting your case. Even attorney’s make the mistake (all too often) of failing to tailor their style for the judge they are appearing in front of. Some judges prefer attorney’s and litigants who ‘submit on the pleadings’ and only present new and additional evidence that is not in the documents they presented to the court. These judges are very informed and have often taken the time to read all the court pleadings filed in your case and become irritated when you repeat things they’ve already read about (time is precious when a judge has hundreds of cases to get through!) Others prefer that you reiterate your position and the law that applies to your case.
1. Introductory Statements (Opening Remarks): While television shows almost always have an attorney make a compelling ‘opening statement’ to start out their case and indicate their client’s position, many family law judges prefer that these type of statements be reserved for the conclusion of your case. Other judges prefer an introductory statement. By watching your judge in other hearings or trials, you can determine what type of presentation s/he responds to most positively. Don’t limit your studying to the words that come out of his or her mouth. Sometimes you learn a lot about a judge’s preferences by watching his or her body language and ‘off the record’ conversations with staff.
2. Style & Etiquette: Know your judges preference here. Some judges are annoyed by attorney’s or litigants that are too pushy or bullying. Others are familiar with this type of style and see it as an acceptable style of lawyering. No judge wants to be interrupted or have you interrupt others – but does s/he tolerate a more aggressive style?
3. Expectations: Does your judge expect that you will bring a support calculation if you are requesting child or spousal support OR contesting the calculation made by the supported spouse? Does s/he expect that you will meet with the opposing side ahead of time to discuss and determine the exact issues that are disputed? It’s always a good idea to ‘meet and confer’ with your opposing party but you should be extra prepared to tell the court what exactly is in dispute if you know your judge rewards organization and a well thought out case.
4. Continuances and Other Requests to Delay: Many judges spend hours each night reviewing their case docket and preparing for court. Some judges are ok with last minute requests to continue or postpone if it appears the parties are working together to try and come to agreement. Others are frustrated when they’ve worked late into the night to prepare to make a ruling only to find that the parties don’t want to proceed. If you have a judge that discourages continuances, make sure you plan well in advance to continue a hearing if you don’t think it will be ready on the day of court.
5. Evidence: In Family Law, there are many types of evidence that litigants may seek to introduce in court. Facebook postings, photographs, financial documents or statements, etc. We’ve been in many courtrooms and some require strict adherence to the rules of evidence while others are much more informal. Know what type of Judge you have and whether you need to take extra steps to prepare your case for hearing.
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