5. GET A REAL COMMISSIONER OR JUDGE
You might be asked to have your case seen by a “pro tempore” or “pro tem” judge. Just say no. These are lawyers who are studying to become judges or commissioners. Declining this options means your case will be heard by a fully qualified, robe-wearing, gavel-pounding judge, not some temp. However, this may also cause your case to be postponed. So unless you need a ruling ASAP, politely refuse.
6. GET TO THE POINT
“Many commissioners will have to hear 20 to 25 cases in a day, so your case might only last 10 to 20 minutes,” Aquino says. Be pithy. The judge doesn’t want to hear every detail. Reveal what’s important and won’t dilute your point. Also, kissing a little ass never hurt. No need to lay it on too thick, but saying “your honor” or “sir” or “ma’am” instead of “bro” can only help your cause, bro.
7. DON’T BRING A HOSTILE WITNESS TO COURT
If a witness doesn’t want to testify on your behalf, ask the person to sign “declarations,” sworn statements that detail what they saw or know about the case. While it’s better to have someone there in person, subpoenaing unwilling people might not help you. “Is that really the type of witness you want for your case?” Aquino asks, adding that printing declarations and getting them signed (under penalty of perjury) is easy compared to dragging a hostile witness into court. Plus, subpoenaed witnesses can demand to be paid witness fees for their appearances in court, payable at the time a subpoena is served. These fees are higher for law enforcement officers.
8. SETTLE OUTSIDE OF COURT ONLY IF YOUR CASE IS WEAK
You may be asked to step outside of the courtroom before trial to exchange documents and potentially resolve the dispute without the judge. Don’t consider settling unless you feel like your case is weak. That way you’ll get some compensation or potentially minimize your loss. If you do strike a deal with the opposing party outside the courtroom, make sure to get the agreement in writing and appear before the judge to tell him/her that the issue has been settled. The judge may then issue a regular court judgment that includes the terms of the agreement or otherwise help to enforce the decision you reached.
