Vegas Litigator

You’ve arrived at the Courthouse, survived the line, and found the right courtroom (hopefully, before your scheduled appearance.)  What now?  It depends on why you are there and who you are with.  Today, I am only going to discuss what to do if you are a party (as an individual or representative of a party) at Court for a Civil, non-family court, Trial.

The types of cases I am talking about include personal injury cases, employment cases, cases involving property tights and other issues, cases involving issues between partners or owners of other business entities, and breach of contract cases.  A party is a person or entity (such as a corporation, governmental agency, or trust) named in a lawsuit.  All Parties’ names should be mentioned in the case caption and should be located at the calendar boards on the ground level of the Regional Justice Center and at the entrance to each Courtroom.

If you do not have an attorney (and I recommend having an Attorney whenever possible when you are in Court), you should make sure to check in with the Bailiff or th Court Clerk so the Court will know you are present for your matter.  From there, you’re on your own.  The Court will call your case and expect you to be prepared to present your case at Trial.

If you do have an attorney, you should find him or her to discuss any issues that may need to be discussed before the Trial.  Do not talk to the other Parties or their attorneys about the case outside the presence of your attorney.  You can be cordial and discuss the whether and similar matters, but not the case.  You should also not discuss the case loudly at anytime in the Courthouse as other Parties, their Counsel, or Jury members may be present.

Your Attorney should tell you where to sit.  My preference is to sit at my table nearer the middle of the Courtroom so I have easier access to the middle of the Courtroom or the Judge’s bench should I need to get up to speak.  We’ve all seen the Bailiff say “all rise” when the Judge comes into the Courtroom.  Make sure you give the Judge that Courtesy. The same holds true for the potential and chosen Jurors in the case.  Parties and their attorneys should always rise when the Jurors come and go.  As a Party, you should always wait until the Jurors have left the Courtroom before leaving.  It is important not to have any discussions with potential or actual Jurors about anything or discuss the case in their presence during the Trial.  If this happens, your case may have to be retried at some time in the future.

I provide my clients with a pencil and paper during the Trial for them to write down notes or issues they need to address.  There are microphones throughout the Courtroom.  They are very sensitive and will pick up a whisper.  If you don’t want comments being heard by the other side, the Judge or the Jury write them down, discuss them outside of the Courtroom or make sure the microphone at your table is off before you speak.  Your Attorney may not have the opportunity to discuss an issue with you right away – especially if it does not need to be addressed at that time.  Don’t be offended if he or she does not address your concern at that moment – attention may be focused on the court’s proceedings that need to be addressed to protect your rights.

In my experience, whether or not the Jury likes a Party (and particularly Plaintiffs who are to be given money) is an important factors in the Jury’s decision making process.  Civil Juries in Nevada typically range from 4 Jurors in short Trials to 6 or 8 Jurors in Short or Conventional Trials.  Believe me when I tell you that, as a group, he Jurors miss nothing.  Every action you take, every expression, every statement will be noticed by one or more of the Jurors.  As a result, clients and their attorneys should do everything to avoid making any statements or actions that will make Jurors see them in a bad light.  This has to be considered at all times when you are in and around the Courthouse.

The fact is that Jurors do consider whether or not they like the Parties in a case in making their final decisions and coming to a verdict.  I, as an attorney representing my clients, become an extension of them in the Jurors’ eyes.  My demeanor, actions and statements can effect how a Jury feels about my client as well as the client’s statements may effect the Jury’s decision.  Judges expect proper decorum in their courtrooms as well as respect for themselves, the Jurors, witnesses and opposing Parties and their counsel.  They are human and will react to any lack of respect they see.  As you can see, it is important to present yourself properly anytime you are near the Courthouse so as not to place yourself in a bad light in front of any potential or actual Jurors.