"Ask the Judge" Column today (Sunday) in La Prensa, 5-8
Ask the Judge:
Courtesy to Attorneys/Plaintiffs/Defendants
In the Small/Civil Claims docket everyday, attorneys, plaintiffs & defendants stand before the Judge seeking remedies to their legal issues.
Obviously defendants bank on “take nothing” verdicts while plaintiffs seek to prove monetary damages not to exceed 10-thousand dollars for their claims vs. defendants and attorneys from both sides seek a verdict favorable to their clients.
When an attorney is involved, if he/she wins the case, the lawyers are entitled to attorney’s fees decided by the Judge. The losing attorney receives no attorney’s fees from the opposing party. It is up to the losing party to pay their own attorney’s fees.
On the Eviction Docket, the same rules apply for lawyer’s fees as Small/Civil Claims. Dockets dealing with truancy, disorderly conduct, and misdemeanors normally don’t apply since few attorneys are involved.
When the three dockets in question are set in Justice of the Peace, Pct. 2, all cases are heard as quickly and fairly as possible.
Since most of the lawyers who practice in the JP Courts appear in multiple courts throughout Bexar County on the same day, it makes sense to move the docket expeditiously so they are able to defend their other clients later in the day in other courts. That applies to plaintiffs/defendants as well.
Courtesy is also extended to attorneys/plaintiffs/defendants if they call ahead with a valid excuse for their lateness to include unexpected traffic jams or some sort of tie up or emergency. Example: recently one plaintiff was involved in a fender bender on the way to court. Their cases will be heard at the end of the docket to allow them time to make it to the courtroom within a reasonable time.
Requests for a continuance of a case by lawyer/plaintiff/defendant, is sometimes approved due to extenuating circumstances as long as it is requested before docket time. Each side is normally allowed only one continuance, although the court makes exceptions. Courtesy to all those involved in the judicial process makes for a fairer and level playing field. When both sides are treated with respect and courtesy, better legal decisions are formed.
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.
Courtesy to Attorneys/Plaintiffs/Defendants
In the Small/Civil Claims docket everyday, attorneys, plaintiffs & defendants stand before the Judge seeking remedies to their legal issues.
Obviously defendants bank on “take nothing” verdicts while plaintiffs seek to prove monetary damages not to exceed 10-thousand dollars for their claims vs. defendants and attorneys from both sides seek a verdict favorable to their clients.
When an attorney is involved, if he/she wins the case, the lawyers are entitled to attorney’s fees decided by the Judge. The losing attorney receives no attorney’s fees from the opposing party. It is up to the losing party to pay their own attorney’s fees.
On the Eviction Docket, the same rules apply for lawyer’s fees as Small/Civil Claims. Dockets dealing with truancy, disorderly conduct, and misdemeanors normally don’t apply since few attorneys are involved.
When the three dockets in question are set in Justice of the Peace, Pct. 2, all cases are heard as quickly and fairly as possible.
Since most of the lawyers who practice in the JP Courts appear in multiple courts throughout Bexar County on the same day, it makes sense to move the docket expeditiously so they are able to defend their other clients later in the day in other courts. That applies to plaintiffs/defendants as well.
Courtesy is also extended to attorneys/plaintiffs/defendants if they call ahead with a valid excuse for their lateness to include unexpected traffic jams or some sort of tie up or emergency. Example: recently one plaintiff was involved in a fender bender on the way to court. Their cases will be heard at the end of the docket to allow them time to make it to the courtroom within a reasonable time.
Requests for a continuance of a case by lawyer/plaintiff/defendant, is sometimes approved due to extenuating circumstances as long as it is requested before docket time. Each side is normally allowed only one continuance, although the court makes exceptions. Courtesy to all those involved in the judicial process makes for a fairer and level playing field. When both sides are treated with respect and courtesy, better legal decisions are formed.
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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