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What to say and What not to say to the Judge?


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What not to say:

"I don't recognize the authority of this court because of the gold fringe on the flag!"

"I don't need a lawyer because they are useless." (Most judges are lawyers)

"It's not fair."

"I have the right to remain silent."

"They can't prove I spent all that money."

"I would like to throw myself on the mercy of the court."

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Depends on what kind of hearing it is. If it's a jury trial, the judge doesn't get involved unless somebody makes an objection or a motion, then he'll either sustain it or deny it. Occasionally, but very rarely, the judge may ask a question. If he has a question for the attorneys, he'll call a sidebar and ask them to approach.

Generally speaking, answer any questions the judge has if it's a bench trial. Don't elaborate or ramble, just give him the information he wants. By the time you get to a trial, the judge has reviewed all the documents and has pretty much decided how he will rule. Unless something new turns up at trial, he'll probably follow through. You should not argue with the judge unless you know for a fact that you are on solid legal ground. If something sounds fishy and you can't argue it or don't know what to do, politely object so as to preserve the matter for appeal. The judge will ask you for the grounds for your objection. You can't say you don't know, they won't like that. Go with your gut instinct, it's your case and nobody knows it better than you. Materiality, relevancy, inadmissible as evidence, lacking in foundation are a few standard reasons. Study up, this stuff is available on line. You have to know this stuff, none of us can go to court with you.

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