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Sunday, June 26, 2011

This week's "Ask the Judge" Column in La Prensa, June 26th




Ask the Judge: Pro Se Jury Trials
By
Judge Steve Walker

More and more plaintiffs & defendants are choosing to represent themselves in the courtroom to save attorney’s fees in a jury trial. In many cases this is not the best plan to assure you a victory in the courtroom especially if you are being sued for thousands of dollars or you are the one filing the lawsuit.

Referencing the Small Claims docket for example, when one side has hired a lawyer, it puts the legally unrepresented side at a severe disadvantage. While it is totally acceptable to represent yourself in Justice of the Peace Court on any docket, it is not the most advantageous when the other side has legal counsel who is versed in the law and practices it on an ongoing basis.

Unless you diligently research the laws pertaining to your case and you are quick on your feet, you face an uphill battle.

You can still win your case, but it is difficult. It happens. If you go into a jury trial and the other side doesn’t have legal counsel either, at least you level the playing field somewhat. Both sides however, must follow rules of procedure in the courtroom.

Court procedure in a jury trial can sometimes be tricky when you are not an attorney. The trial begins with the case being called by the judge. Ex: Joseph Jones vs. Ed Cervantes. Once the case is called, the Judge then swears in the 25-30 potential jurors who show up for jury duty.

Once completed, the plaintiff, followed in turn by the defendant begins directing questions to the jurors during what is called “voir dire.” Usually general questions like, “Can you be fair in hearing the case?” or “is there anybody here who feels they cannot be objective?” and so on are appropriate. Sometimes the plaintiff/defendant will ask directed questions to specific jurors for a variety of reasons.

After both sides have had an opportunity to ask the jurors basic questions, the two opposing sides may arbitrarily strike three of the numbered jurors they think might not be favorable to their cause. The first six jurors not challenged will sit on the jury.

Next, the selected six jurors will take the oath and be sworn in. The trial will begin in earnest. Each side is afforded the opportunity to make an opening statement explaining what they hope to prove or disprove.

Then the plaintiff calls his/her first witness if they have any and cross-examines them. Once the plaintiff finishes with each witness, the defendant may cross examine them as well. Questioning witnesses is optional and is not required. Many times it is only the plaintiff and defendant that testify.

The same process happens when the defendant makes his/her case. As previously stated both sides are allowed to cross examine witnesses to include each other. When all are done, witnesses step down from the witness stand. Witnesses are not allowed to be in the courtroom before they testify.

After each side is allowed a closing statement, the jury is charged to render a verdict. By law the plaintiff is expected to prove their case. If the jury feels they didn’t prove by a preponderance of the evidence, they will rule for the defendant by declaring a take nothing verdict. If they rule in favor of the plaintiff they may award monetary damages.

Remember although Pro Se plaintiffs/defendants do win in court on occasion, it is more difficult without an attorney.

Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.

Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist
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