QUESTION
Can I talk to a judge before court hearing begins?
Asked on Feb 17th, 2013 on Divorce - Mississippi
12 ANSWERS
Estate Planning Attorney serving Wilmington, DE
at
Reger Rizzo & Darnall, LLP
Update Your Profile
Not privately. Anything you send to the judge you must copy to the other party.
Answered on Feb 20th, 2013 at 2:29 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
You can talk to the judge in court with the other side there. You cannot talk to a judge unless you are in front of them at a hearing.
Answered on Feb 20th, 2013 at 2:28 PM
Family Law Attorney serving Temecula, CA
at
Landon Rainwater Robinson LLP
Update Your Profile
Not generally as that would amount to an ex parte communication.
Answered on Feb 20th, 2013 at 2:28 PM
Judges are forbidden from having ex parte, meaning without notice to the other side, communications with one party.
Answered on Feb 19th, 2013 at 3:37 PM
There is not supposed to be any contact between the judge and one party out of the presence of the other party. So, No you cannot talk to the judge before the court hearing begins. You should meet with a family law attorney in your community for assistance.
Answered on Feb 19th, 2013 at 3:37 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
No, not unless the other party is there too.
Answered on Feb 19th, 2013 at 3:36 PM
General Practice Attorney serving Crystal Lake, IL
at
Bruning & Associates, P.C.
Update Your Profile
As a general matter, no, you cannot speak with the judge before court begins. Judges are prohibited from "initiating, permitting, or considering ex parte communications." An ex parte communication is a communication with a judge outside of the presence of the other person involved in the lawsuit. If you are concerned about discussing certain matters in open court, you can request that the judge conduct the hearing in private. You will need a very good reason for requesting a private hearing, and the other person (or that person's attorney) must be there for the talk.
Answered on Feb 19th, 2013 at 3:36 PM
There are instances where the court will hear from counsel in advance of a hearing. Generally speaking, the court sees unrepresented parties during the session of court, as people representing themselves are more often than not unaware of what the court can and can not consider or discuss. If you can not afford counsel for your divorce proceedings, you can contact Legal Aid Services to see if you qualify for their assistance or a referral to an attorney who might accept your case without a fee or under a payment plan.
Answered on Feb 19th, 2013 at 3:36 PM
Family Law Attorney serving Rolling Hills Estates, CA
at
John H. Sibbison, III Professional Law Corporation
Update Your Profile
No, while a judge might agree to speak with BOTH counsel in chambers prior to a hearing they will not speak with the parties themselves prior to the hearing taking place.
Answered on Feb 19th, 2013 at 3:33 PM
No a judge will not have ex-parte communication with any party prior to a hearing or at any time. You will always have to present your case in front of the judge with all parties present.
Answered on Feb 19th, 2013 at 3:33 PM
Divorce Attorney serving Winter Garden, FL
at
Jeffrey A. Conner
Update Your Profile
The short answer is no. However it depends upon about what you want to talk to the Judge. If you want to talk about the weather, such communication is not technically prohibited. However a Judge will likely want to avoid any "appearance of impropriety" and will avoid any interaction which might appear as an attempt to curry favor with the court before the hearing. If you want to discuss the case, you absolutely cannot speak to the Judge before the hearing. With very limited exceptions, all parties, or the attorneys, must be present when anything is stated to the Judge about the case.
Answered on Feb 19th, 2013 at 3:33 PM
Divorce & Separation Attorney serving Ridgeland, MS
at
Hancock Law Firm, PLLC
Update Your Profile
The judge will not have communication with a party prior to trial.
Answered on Feb 19th, 2013 at 3:31 PM