Oct 24, 2011 · If your case is in Maricopa County, you can register for ECR (Electronic Court Record) to view/print copies of documents filed with the court in your case (pleadings and orders): https://ecr.clerkofcourt.maricopa.gov/Registration.aspx This would not include documents such as correspondence between the attorneys or documents exchanged as …
If you want to tell the judge about your case or ask the judge to take a certain action in your case, you should file a written motion with the clerk of the court in which your case was filed explaining what relief you are seeking and why you are entitled to that relief. (“Relief” means what you are asking the court to do.)
Jan 19, 2013 · Update Your Profile. Answered on Jan 22nd, 2013 at 9:57 PM. You need to rely on your attorney. If you don't have one, you should get one. The judge cannot consider a letter from you. That is an ex parte communication and he cannot look at it. The only thing the judge can look at are the pleadings in the file.
Aug 27, 2018 · Additionally, the result of the case in question may need to be reviewed and in some cases, may lead to the ordering of a new trial. If you have reason to believe that the judge presiding over your case is doing so in spite of a conflict of interest, you do have the right to pursue their disqualification from your case.
To be sure, there are times that letters (written in consultation with an attorney) can be useful, such as at the time of sentencing. However, when a person is awaiting trial, writing a letter to the judge will not help. At best, the letter will go unread by the judge, and will be of no help.Aug 1, 2015
Speak clearly and loudly enough to be heard, but don't shout. Don't wave your hands or otherwise make unnecessary gestures when you are speaking to the judge. Always speak politely and respectfully to the judge and all other court officials. Do not use any phrases that criticize the judge or anyone in the courtroom.
8 Things You Should Never Say to a Judge While in CourtAnything that sounds memorized. Speak in your own words. ... Anything angry. Keep your calm no matter what. ... 'They didn't tell me … ' ... Any expletives. ... Any of these specific words. ... Anything that's an exaggeration. ... Anything you can't amend. ... Any volunteered information.Apr 15, 2018
The federal courts use the Federal Rules of Civil Procedure.Prepare an affidavit stating the facts that support your motion. ... Prepare the motion form used in your jurisdiction. ... Add supporting documents to your motion. ... Collate the documents into a set. ... Serve a copy on all parties and prepare an affidavit of service.More items...
0:318:41Win Most Court Cases in 5 minutes - YouTubeYouTubeStart of suggested clipEnd of suggested clipOver you unless you've harmed somebody. And until that's happened you have to voluntarily go intoMoreOver you unless you've harmed somebody. And until that's happened you have to voluntarily go into some sort of contract arrangement with them. So what we want to do though is to stay respectful.
Provision for Fighting One's Own Case as per Advocate's Act. Section 32 of the Advocate's Act clearly mentions, the court may allow any person to appear before it even if he is not an advocate. Therefore, one gets the statutory right to defend one's own case through Advocate Act in India.Jan 28, 2017
How To Impress The Judge When Speaking in Colorado Springs CourtsJudging More Than Your Guilt Or Innocence. ... Dress For Success. ... Be Respectful of The Judge At All Times When Speaking – And When Listening. ... Keep Calm and Carry On. ... The Truth, The Whole Truth, and Nothing But The Truth.More items...•Mar 22, 2021
FOUR THINGS TO REMEMBER TO WIN A COURT CASETell the Court Everything That It Wants to Know. ... Know the Facts and Questions of Law. ... Present Your Case Convincingly. ... Avoid Lengthy Unreasonable Arguments & Tiresome Cross Examination.
You can't write to the judge. You can hire your own attorney to make your case to the court.Jan 19, 2013
A noticed motion is a court-compatible document usually served (noticed) on the affected parties, and then entered and stamped by a court clerk. At a hearing, the court later makes its decision to either grant or deny the applicant's motion.Jun 12, 2018
You can address most judges at the start of a letter as "Dear Judge" (or "Dear Justice" if they serve in a U.S. state or federal Supreme Court, or in certain courts of other countries). When addressing the envelope, it is best to use the judge's full title, along with the full name of the court in which he/she serves.
Examples Of MotionOur daily activities, like walking, running, closing the door, etc. involve motion. ... The flow of air in and out of our lungs is also an example of motion.The automobiles that carry passengers from the place of pick up to the destination possess motion.
This is called “disclosure” and helps to ensure that your case is handled fairly. You may also cause your case to be delayed or even dismissed. Also, the court may “strike” (delete or ignore) any evidence affected by your ex parte communication.
Usually, the judge will schedule a hearing on your motion. During the hearing, you will have the opportunity to explain your position to the judge in court. Judges must make their decisions based only on the relevant facts or issues of the case and the applicable laws.
An ex parte communication occurs when a party to a case, or someone involved with a party, talks or writes to or otherwise communicates directly with the judge about the issues in the case without the other parties’ knowledge.
If you send a letter or other document directly to the judge without providing a copy of it to every other party on your case (or the party’s attorney, if the party has an attorney), the judge or court staff will be required to notify all parties (or their attorneys) about your communication so the other parties can respond to it.
You must file your motion, letter or document with the court. Remember to attach the document as proof that a copy of the motion, letter or document was given to the other parties. This document also must be filed with the court. The clerk of the court will indicate on your motion, letter, or document, the time and date it was received ...
You should be explaining your side by filing a Request for Orders and Supporting Declaration of all relevant facts which support your request. Your other opportunity to share your side of the story is by your own testimony and that of your witnesses while at the court hearing. Keep in mind, that the information must be relevant to the issues ...
If you don't have one, you should get one. The judge cannot consider a letter from you. That is an ex parte communication and he cannot look at it. The only thing the judge can look at are the pleadings in the file.
It's not appropriate to correspond directly with the judge without providing the other side the communication as well. A letter is also not the appropriate method to have the judge consider information in your case. There isn't much information in your inquiry.
In cases where a judge whose impartiality is in question and reasonable grounds exist for them to recuse themselves from a case, their failure to do so may result in disciplinary action, including possible suspension or disbarment.
Typically, a recusal is what takes place when a judge recognizes and then voluntarily chooses to remove themselves from presiding over a case because they are aware of a conflict of interest.
A disqualification more often refers to the removal of a judge who has failed to recuse themselves in spite of a reasonable and factual basis that suggests they may not be impartial in their judgment of a particular case.
There is not a way to request a specific judge for a favorable outcome. The only way to get a judge "off" a case is to have the judge recused - that is very difficult to do. It sounds like that is not an option for you but your lawyer would be best suited to advise you on that.
Your lawyer is correct, we have rotating judicial calendar in Massachusetts wherein judges often move from session to session and court to court.
No- while attorneys do it all the time, it's not considered proper to even try to do that so you're throwing your attorney under the bus by posting this. Consult with him/her, don't look for genetic answers on s public forum by posting specifics about your case!
No, you cannot request a specific judge. If you can show a judge may be prejudiced, you may get them to recuse, but it isn't likely. If your attorney advises waiting and getting a court date when a different judge is sitting, you should probably follow his or her advice...
You cNt request a specific judge. Stalling the case put is the best chance there is.
There’s a phrase in legal circles: “A lawyer who acts for himself has a fool for a client.” It means that the best person to represent you is someone who isn’t emotionally connected to your case. As a self-rep, you’re acting for yourself, so of course you’re emotionally connected.
The Family Law Coach provides self-reps with support through a menu of fixed fee services that you can access from anywhere. You can pick and choose the service that makes the most sense to you. You will know what you’re getting and the cost in advance so you can stay within your budget.
Are you able to stake out a reasonable position and stick to it despite threats and bullying from the other party? First, you have to recognize when you’re dealing with a bully. A bully is someone who uses: 1 threats 2 manipulation 3 personal attacks 4 aggression
Skill 2. Practice, practice, practice. It’s not easy to get the reason you’re in court into just a few, clear, sentences. It takes practice. Thinking that you can ad lib this when the judge looks at you to speak is a big mistake. Good lawyers take lots of time to get their case into the important first few sentences.
Personal attacks hurt your case. You may be tempted to put negative things about the other party in your material or presentation, but you need to be able to resist that temptation.
When making decisions about child custody, the main thing a court is interested in involves doing what is in the best interest of your child. Judges use certain custody factors when they have to make decisions about child custody. These factors include:
Generally, the most influential evidence comes from witnesses who are not biased and have personal and/or expert knowledge of you, your child, and the child’s other parent.
However, a parent will have better proof if they have a journal can refer to their written notes, in order to refresh their memory.
Your Calendar. Your calendar is documentation of how much time you have spent with your child. It is much like your journal, but it gives you and your family law attorney another tool to use that visually shows the time you spent with your child. Make sure your calendar is easily available at any time.
If you have a lot of long voicemails from your child’s other parent, you and your attorney will want to quickly get to the relevant portions of the voicemail. Oftentimes, it is not necessary for the court to hear the entire message . You could even anger the court if you play long messages that are irrelevant.
The assigned judge is related in some way to one of the parties. The assigned judge has history with one of the parties. For example, when the judge was a lawyer they represented one of the parties in another matter.
Some of those include: Presiding over trials where they hear evidence, rule on motions and objections, instruct juries, and make rulings. Ruling on the admissibility of evidence. Presiding over hearings and ruling on motions. Researching the legal issues that are relevant to cases they are hearing.
What is a Judge’s Role? A judge’s role is to decide legal disputes. Judges are often lawyers, but it is not always a requirement. Some judges hear cases regarding a particular subject, like those who work in bankruptcy, probate, juvenile, or family court. Others preside over all criminal cases, while others hear civil disputes.
Some judges work in state courts, where they hear cases pertaining to state laws. Federal judges decide matters of federal law. Within each state and the federal court system there are judges who hear matters of first impression and judges who hear and decide appeals. A judge has many duties. Some of those include:
Attorneys who are frequently in court will know the judges and may be aware of any potential bias they may have that will impact your case. The judge assigned to your child custody case will be deciding very important issues for you and your family.
In criminal cases judges typically oversee trials and make decisions regarding the admissibility of evidence, rule on motions, determine which witness es can testify, instruct the jury, and sentence defendants who are found guilty. ...
Bench trials are more common in civil trials, though the parties can request a jury trial. The judge has the same responsibilities in terms of ruling on motions, the admissibility of evidence, and ruling on objections.
A declaration is a written statement made under the penalty of perjury. If you are filing a “Request for Order” (or responding to a “Request for Order”) asking that the Judge enter orders providing you some type of temporary “relief”, you will need to attach a declaration explaining the basis for your request and the facts that support it.
Before signing your declaration, you must attest to the facts you stated under the penalty of perjury. Example: “I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on [insert date] at [insert city and state].” (Then sign and date).
An enforceable parenting plan. Modification of an existing child support or spousal support order. Establish child support or spousal support. Control over certain property pending the full resolution of the divorce (think vehicles, bank account, marital home) An order for attorney fees or costs.
Judges do not expect non-lawyers to use legalese. Actually, contrary to popular believe, most judges don’t even like lawyers to use ‘fancy’ lawyer talk. They are overburdened, tired, have huge caseloads and are pressed for time. They want you to get to the point in a clear, concise way and in your own words.
The original POA document should be in your possession, if you are the agent. Just be sure to keep it in a secure location where you'll have easy access to it. A home safe or a bank's safety deposit box are both good options. Third parties generally want to see the original document any time an agent uses his or her authority.
Having financial power of attorney means having the authority to access and manage another person's monetary and/or property assets. As an agent with financial POA, you have the right to make certain kinds of financial decisions on behalf of the principal (as long as they are in his or her best interests). For example, your parent might give you the authority to pay bills, file taxes, make and manage investments, transfer money between different bank accounts, handle insurance claims, collect outstanding debts, sell or rent out property, or deal with retirement pensions and government benefit programs.
A POA document is generally a written agreement between two people: (1) the principal (sometimes called the grantor) and (2) the agent (sometimes called the attorney-in-fact). The agent is the person appointed to act on behalf of the principal. So your parent (the principal) can grant you (the agent) certain powers of attorney.
Unlike most other types of POA documents, a springing POA agreement doesn't take effect until a specified date or a particular event takes place. For example, your parent may not want you to have any authority until he or she becomes incapacitated or turns a certain age.
Depending on the particular agreement, a power of attorney covers a broad or narrow set of responsibilities, usually related to financial and/or medical and caregiving matters.
After all, by the time your parent becomes legally incapacitated, it's too late to get power of attorney. At that point, you have to pursue the more costly and time-consuming option of adult guardianship. That's why the issue of "capacity" is so important.
Also known as special power of attorney, this type of POA grants an agent the authority to handle a very specific situation on the principal's behalf. For example, your parent may grant you limited POA to represent him or her in the sale of a particular property or to manage his or her transition to a nursing home or assisted living facility. Your authority as the agent ends as soon as you've successfully completed the defined activity or reached the agreement's specified expiration date. And your powers do not extend to anything other than what is specified in the document.