By Judge Steve Walker
In
Pct. 2 we are experiencing more and more plaintiffs & defendants who choose
to represent themselves in the courtroom to save attorney’s fees in a jury
trial. Unfortunately hiring a lawyer is expensive or cost prohibitive for many
who come to court.
On
the other hand, not having that legal representation in most cases is not the wisest
plan to insure that you will win your case in the courtroom. That is especially
true if you are being sued for thousands of dollars or you are the one filing
the lawsuit and representing yourself.
Referencing
the Small Claims docket for example, when one side has hired a lawyer, it puts
the legally unrepresented side at a decidedly severe disadvantage. While it is always
acceptable to represent yourself in Justice of the Peace Court on any docket,
it handicaps you when you don’t have someone standing in your behalf and
vigorously representing you with knowledge of the law.
Someone
who practices law on an ongoing basis can make your life miserable in a
courtroom and prevent you from effectively proving you case or win you case if
they represent you.
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 on occasion. 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 is 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 first
six jurors not challenged by either side will sit on the jury.
After
the jury is sworn in, each side may make an opening statement explaining what
they hope to prove or disprove.
Both
sides call witnesses if they have any and may cross-examine the other side’s
witnesses. Questioning witnesses is optional and is not required. Many times it
is only the plaintiff and defendant that testify.
After
each side is allowed a closing statement, the jury is charged to render a
verdict. It is then up to the jury the final outcome.
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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