I gave the other party my witness list. They did not give me one. Who should my witnesses be? The court might expect friends and relatives to support your story. How can I make sure my witnesses come to trial? Do I need to give the court any forms? Whenever you file something with the court, you must give the other party a copy of it. What else should I bring to court? How should I handle myself in court? You can: Ask yourself questions and then answer them.
Tell a short story about your side of the case. How do I question witnesses? If your witness is a counselor or other professional, ask: what their job is what their educational degrees are how long they have been doing their job Then ask specific questions about the information they have about your case.
What if I need more help? Be in the courtroom at least fifteen minutes before the trial is set to start. Never be late.
Remember: You might need to find parking. There may be a long line to get into the courthouse. Your witnesses must be ready to go when they call your case for trial.
If you do not need a witness for several hours, make sure they are available within ten to fifteen minutes with a quick phone call. Plan to be at court all morning. Your case might not be the first one called. Do not bring your children. If your children will be speaking to the judge, they should wait outside the courtroom during the trial. You can bring a friend for moral support.
That person must not speak once they call your case. Go into the courtroom and sit quietly to wait for them to call your case. In the courtroom, do not chew gum, eat, drink, read a newspaper, sleep, wear a hat, listen to earphones, use a cell phone, camera, or camera phone, or carry a weapon. Go over your paperwork before the hearing. Know your papers. If you or one of your witnesses has filed a declaration in the case, the person's testimony must be the same as what they said in the declaration.
You may use written notes or an outline during the hearing. Stand when the judge enters the courtroom. Listen to the court staff. They may announce other times when you need to stand. When it is your turn to go before the judge: When it is time for your hearing, the clerk or judge will probably read all the cases scheduled for hearing at that time.
When they call your name, you must answer. If asked, tell the judge if your case is agreed or a default, or if there will be argument. When they call your case for hearing, walk to the table or podium for lawyers in front of the judge. Stand facing the judge.
The judge will tell you when to speak. Speak only to the judge. Speak only when it is your turn. Opening and closing statements : You address the judge at both the start and end of the trial. Summarize what you want and why. Be brief. Be clear. Be as specific as you can. Listen carefully. Do not interrupt or speak to the other party, even if they interrupt or speak to you. Try to appear polite and reasonable. The only way a judge can decide a court case is based on the evidence the parties present during the case.
In many cases, the evidence that a judge has is mostly testimony from the parties and testimony from their witnesses. However, there are also other kinds of evidence that you may be able to show to the judge to help prove your case.
Additional evidence can be especially important if the other party is going to lie or tell a different version of what happened than you are. The judge wil often look to other evidence and witnesses to decide which party is telling the truth. If you have a case that involves domestic violence, having evidence to present that corroborates your version of the events can be especially important. Some abusers even claim that the violence did not happen at all and that the survivor is making up allegations to try to get an advantage in court.
Others will claim that the victim is actually the abusive partner and that any injuries to the victim were from self-defense. It is important to anticipate these tactics and have evidence ready that you can show the judge to prove your version of the events and to get the judge to rule in your favor. You can give almost anything to the court as evidence as long as it is relevant to the case and it does not violate one of the rules of evidence.
For example, you generally cannot give in a letter that someone wrote for your trial or tell the judge something that someone else said due to the rule against hearsay. The most common types of evidence are:. Testimony is a kind of evidence, and it is often the only evidence that a judge has when deciding a case. All rights reserved. Department of Justice. Neither the U. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided.
Skip to main content. You are here Home » At the Hearing. Basic information What is the order of events in the courtroom? What do I keep in mind when going to court? The preliminary hearing is like a mini-trial. The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses. However, the defense cannot object to using certain evidence, and in fact, evidence is allowed to be presented at a preliminary hearing that could not be shown to a jury at trial.
If the judge concludes there is probable cause to believe the crime was committed by the defendant, a trial will soon be scheduled. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Legal Information. Criminal Law Information. Proof and Defenses in Criminal Cases. Getting a Lawyer for your Criminal Case. Steps in a Criminal Defense Case.
Arraignment: Your First Court Appearance. Plea Bargains in a Criminal Case. Legal Elements of Common Crimes. Expungement and Criminal Records. Should I just plead guilty and avoid a trial?
Is the public defender a real lawyer? Can I change defense lawyers after I've hired one? How long after arrest do I find out what the charges are? See All Common Questions. Related Products More. Criminal Law: A Desk Reference. Legal Research. The Criminal Law Handbook. View More. How It Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.
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