A Cynic's Guide to Civil Litigation; Chapter 5 - The Courthouse

I have been in a lot of courthouses in my time. Some are quite beautiful. The Federal Courthouse in Boston, Massachusetts reminds me of a building in Disneyworld. Other courthouses, well, the best you can say is that they are “historic”.

All have things in common – courtrooms, clerk offices, probation offices, security, holding cells, cafeterias, libraries, lobbies, happy people, lost-looking people, sad people, oh, and yes...lawyers.

When you get to your courthouse you will add to the list…” pro se people”.

The question you should ask yourself is: “What do I do when I get to the courthouse?”

I can get ridiculously specific here, but I am going to give you credit for getting this far, even if you just like to read dry material. This is not intended to be a very long chapter, but it is necessary.

Likely, you received a notice by snail mail or email to be in court on a certain date at a certain time for a certain reason. On that notice, it should tell you where you are expected to be. Then it is simply finding the elevator, or stairs if you are ambitious.

It is always a good idea to get to court a little early. You will want time to get your bearings and to check in with the clerk in the courtroom. If you do not know where you are expected, locate the civil clerk’s office, usually on the first floor, and ask one of the clerks who man the desk that day or court staff where you should go. You will need to give that person the name of the case and your name so be prepared.

You can also check the “daily list”. This is posted somewhere either outside the clerk’s office or inside, either on the counter or on a pegboard. Depending on how busy the court is, the list could have multiple pages but at least it should be alphabetical. Locate your case and it should tell you where you are supposed to be.

Courtrooms are generally configured identical. You enter the courtroom from the back. You will walk up an aisle that is lined with benches on either side. In front of you, at the back of the courtroom, there is a bench. It is usually the highest point in the room. It is where the Judge will sit. (Cue heavenly music and bright spotlight) In front of that bench is a lower bench where the clerk of the session sits.

As you walk up that aisle from where you entered, you will arrive at a small banister with a gate. This is called the “bar”. It marks off the area between the gallery, the benches where the public sits, and the area where lawyers are allowed.

Have a seat in the gallery if no one is in the courtroom. You will want to wait until the clerk is in the courtroom, which usually happens before the judge enters. If the clerk is in the courtroom when you arrive, or comes in as you wait, you will want the clerk to know you are there, pro se, on your case.

Now, different courts have different customs. These are not onlined or stated in some rule. These customs are just the practice of the court as directed by the Judge, or the lead Judge, sometimes called the “RAJ”, (rahg), which is short for “Regional Administrative Justice”. You have options here for figuring out how the court runs.

If there is security in the courtroom when you arrive and no clerk or judge, you can tell security who you are and ask how things happen. If there are other attorneys there, including the one opposing you, and no clerk or judge, you can ask the same of them. We can be quite cordial when we are not snapping at your heels. Or you can wait to see what happens.

If you use the “wait and see” approach, be aware that once the court is “in session”, usually announced like “Hear ye. Hear ye. All persons having business before the XXX court, Judge XXXX presiding, come forth and you shall be heard. God bless this court and all who attend”, or some other such colorful pronouncement, (many of these archaic traditions have been dropped because they offend the vocal minority). Turn off your cell phone and remain silent until your case is called.

That is pretty much all you need to know about courthouses, other than you will be required to pass through security. Plan. If you hit the courthouse at a busy time, you will have to wait in line for security. Many courthouses ban cell phones. Gang members use the camera to take pictures of witnesses so they can “talk” to them later. The best bet is to leave your cell phone in your car or home. You can live without it for a short time. If a nuclear attack is coming, someone will tell you and your cell phone won’t be much help anyway.