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WHAT TO EXPECT YOUR FIRST DAY
IN COURT
So you
received notice of your first court hearing. The very thought of appearing
in court causes some people to feel apprehensive and concerned. Questions and concerns range
from where is the court located, what should I wear, what time do I
have to be there, and will I have to speak in court among
others. It is important
to know what court you are going to, and the time of the hearing. You want to give yourself
plenty of time because parking at the courthouses is usually quite
limited. Also, you need
to be aware and be prepared for going through security, which in some
of the probate courts may take longer than you anticipated. Most courts schedule hearings
for 8:30 or 9:00 in the morning. At that time, the judge's clerk will call the
list, so it is important to be there on time.
 If you
are unsure about where the court is located, or if you need
directions, or if you want to know about parking availability, you
can always check the court's website. This information is available on most of the
probate court websites.
While some of the newer courts, such as the Plymouth
courthouse in Plymouth or the Norfolk Probate Court in Canton, have
considerable parking available, others in Brockton, or Boston, or
Cambridge have very limited parking available. So plan accordingly.
The old
adage about making a good first impression is also true about your
first court appearance.
This is the first time that you will be in front of the judge
assigned to your case.
You only get one opportunity to make a good first
impression. There is no
dress code, or specific requirement as far as appropriate attire for
court. However, you
should remember that court proceedings are formal, and you should
dress in a manner that indicates you take the court proceedings
seriously, and that you respect the judges, and the work that they
do. There is no
necessity to wear a suit and tie, but you should not be wearing
clothing that might be considered inappropriate, such as tank tops,
cut-offs, or bare midriffs.
You will want to dress comfortably, as it is likely you will
be in court for several hours.
Litigants
often want to bring a number of individuals with them when they go to
court. It is important
to understand that motion days are very busy days for the court, and
the judges usually have numerous cases on the motion list. If everyone brings several
individuals with them to keep them company, or potential witnesses,
there will not be enough seats in the courtroom. Court proceedings can be
quite intimidating, particularly the first day, so often I encourage
my clients to bring a family member or close friend to sit with them
as they wait for their case to be heard in the Probation Department
or courtroom. Often
individuals feel that the motion day is "their day in
court," particularly if there is a highly contested matter. They bring several
individuals with them, intending to have them testify as to their
position, or their good character. It is important to know that the judges rarely, if
ever, conduct evidentiary hearings during a motion session. Therefore, do not be
surprised if those individuals are unable to address/speak to the
court. Additionally, you
should understand that only the parties and their attorneys are able
to participate in court ordered mediation. Spouses, boyfriends/girlfriends, and parents are
not allowed to participate in any mediation sessions, unless they are
a party to the action.
Court proceedings are filled with emotion, and bringing a new
spouse, or new boyfriend or new girlfriend to the proceeding may not
be wise, particularly if there is a chance that there will be any
conflicts and/or confrontations.
So, you
know where the courthouse is, you have made a decision about what you
are going to wear, and who you are going to bring, if anyone, with
you to court, and you arrive at the courthouse. Everyone entering the
courthouse must go through security. Therefore, be prepared to remove any items that
may cause a delay in proceeding through the security system. You should note that many
courts, including the probate court, may hold items for you until you
are ready to leave the courthouse. These include, but are not limited to tape
recorders, cell phones with photographic capability, and anything
that is considered to be a weapon.
 If your
notice of hearing did not include the session or courtroom number,
you should look for the bulletin board, which is usually on the first
floor of the courthouse.
If you have specific questions about what courtroom, where you
are supposed to go, or if you do not see your name on the list, go to
the Register of Probate's office, and one of the clerks will be happy
to assist you. Once you
have checked in with the clerk in that courtroom, you will likely be
told to proceed to the  Probation
Department, to meet with a probation officer. All contested cases, that is
those cases in which the parties have not reached a full written
agreement, must go to Probation. Once there, your case will be assigned to one of
many probation officers, who will meet with the parties, if they are
pro se, and with either the attorneys only or perhaps with all four
individuals, if the parties are represented by counsel. The purpose of probation is
to mediate and to attempt to reach a full resolution of all matters
that are before the court.
During the mediation session, each party will have an
opportunity to state his or her position regarding the issues. The probation officer will
listen carefully, and may make recommendations or suggestions as to
how the parties may resolve the issues. While the court anticipates, and hopes, that a
full resolution will be achieved on most, if not all, of the cases,
there are many times it is impossible to agree to either the terms
that are proposed by the probation officer, and/or by the other
side. Do not feel
compelled to agree to something you are uncomfortable with, or that
you feel is unfair to you, and/or perhaps to your children. If you are able to reach an
agreement on some of the issues, that will be reduced to a partial
agreement, and will be presented to the court for approval. This Stipulation will be
signed by all the parties, their attorneys, and the probation
officer. Once approved
by the court it becomes an order of the court, and every party will
be obligated to follow the terms. Be sure to read the Stipulation carefully before
you sign it, as it will become an order of the court. If you feel you will be
unable to comply with that order, do not sign it, as failure to
comply with the terms may subject you to a Complaint for Contempt at
a later date and time.
In the
event that you are uncomfortable, or feel unable to sign either a
partial or a full Stipulation, you have the right to present your
case orally to the judge.
Many people worry about what to say and about how to present
their case. The important
thing to remember is that this is your opportunity to present your
side of the case to the judge.
Prepare in advance for the possibility that you may need to
explain your position in court.
Get your documents and other information organized, so that
you are able to explain to the Court exactly what you want, and the
reasons why you feel your position is correct. Speak slowly, and remember
that the proceedings are recorded, so try to not to mumble or to
speak in a very soft voice.
The judge will allow each side to present his or her
"side of the story."
Be careful not to show emotion, particularly anger or
frustration, and try to refrain from interrupting the other side when
it is their time to speak.
The judges expect, and demand, courtesy and respect to the
other party as well as to the court. Following these simple directions will allow you
to present your case to the judge.
Once
the judge has heard the two sides of the case, he or she may issue a
verbal order from the bench.
However, most of the time the judge will take the matter
"under advisement," meaning he or she is going to revisit
or review your file, and issue an order at a later date and
time. It is the written
order that the judge mails to each party that will become an order of
the court. Many courts
will provide copies of the stipulations or partial stipulations at
the time that they are signed.
However, many courts will also send the stipulation out with
the court order at a later date. If you have any questions about what procedure
your particular court follows, do not hesitate to ask the judge's
clerk, or the probation officer, so you are well aware of what will
happen.
Once
your case has been heard by the judge, the judge will tell you that
you are free to go. Your
court appearance will end, and you have no further obligation that
date. The suggestions
contained herein apply generally to most situations, and are geared
toward those individuals who are pro se, that is are not represented
by counsel. In the event
that you are represented by an attorney, you should consult with that
attorney prior to going to court to inquire as to what the
expectations are for that particular day and your particular
hearing. I hope that
this information is helpful to you, and I wish you good luck on your
first day in court.
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