TABLE OF CONTENTS

All I Have To Do Now Is Show Up Right?

It's The Day Of The Hearing! It's Time To Panic!

Courtroom Tips

The Hearing

Judgment And Post-Judgment:

GLOSSARY

LEGAL TERMS

APPEAL

A request by either party to take a case to a higher court for review. No new evidence may be introduced in the appellate court. The reviewing court only considers whether errors occurred during the prior proceedings.

APPEARANCE

The act of a party or an attorney showing up in court.

CALENDAR

The list of cases scheduled for hearing in court each day.

CASE LAW

Law established by precedent, predominantly decisions of state Supreme Court or United States Supreme Court, used to support your position. Any opinion cited by a district court or another state is merely persuasive. It is not controlling law.

CLOSING ARGUMENT

The closing statement by counsel, or small claim party (if allowed) to the trier of facts after all parties have concluded their presentation of evidence.

COUNTERCLAIM

A claim made by a defendant in a civil lawsuit against the plaintiff, included within the Defendant's Answer to the Plaintiff.

CROSS-EXAMINATION

The examination of a witness who has already testified in order to test, discredit or impeach the witness's testimony, knowledge, or credibility.

DEFAULT JUDGMENT

When a defendant is in default, the court enters an order in favor of the plaintiff. The court may in its discretion overturn a default judgment.

DEFENDANT

The person(s) or other entity against which a claim is filed.

DIRECT EXAMINATION

The first questioning of a witness by the party on whose behalf he or she is called.

DISCOVERY

The pretrial process by which one party discovers the facts and evidence the opposing party will rely upon at trial.

DISMISSAL

The termination of a lawsuit. A dismissal without prejudice allows the plaintiff the option to file again at a later date. A dismissal with prejudice prevents the lawsuit from being brought again in the future in any form.

DOCUMENTARY EVIDENCE

Any document that is admitted as evidence in a trial or hearing, as distinguished from oral testimony.

EVIDENCE

A fact presented before a court such as a witness' statement, a tangible object, etc. that relates to or establishes a fact in contention.

GENERAL CONDITIONS OF CARRIAGE

A contract between the air carrier and the passenger specifying obligations, rights, warranties and disclaimers between the parties.

HOSTILE WITNESS

A witness whose testimony is not favorable to the party calling the witness. A hostile witness may be questioned with leading questions and crossed-examined by the party who called the witness to the stand.

INTERROGATORIES

Written questions propounded by one party and served on the opposing party. The opposing party may object to the Interrogatories, but must still provide written answers under oath. This is one discovery tool.

JUDGMENT

A final determination by the court of the rights and claims of the parties in the action, whether by default, summary judgment, declaratory judgment, consent judgment or verdict.

JUDGMENT DEBTOR

The losing party in a lawsuit who owes the amount of the judgment to the successful party.

JURISDICTION

The extent of the court's legal authority in a specific geographical area to interpret and apply the law. Types of jurisdictional power include subject matter, personal, territorial, concurrent and appellate jurisdiction.

MOTION

An oral or written request by a party before, during or after the trial to issue a ruling or order. Usually a motion concerns an issue within the court's discretion.

NOTICE

Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed.

NOTICE OF APPEAL

A filing made with an appellate court to appeal a ruling made by a lower court.

OATH

Written or oral pledge by a person to speak the truth.

OPENING STATEMENT PARTY

The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial.

PLAINTIFF

The person(s) or entity filing a claim against another person or entity.

SERVICE PROCESS

The act of providing an opposing party with notice of a pleading or action to assure that the opposing party is aware an action has been filed and is given an opportunity to appear.

STATUTE

A law adopted by the legislature.

SUBPOENA

Order of the court requiring a witness to attend and testify at trial.

It's The Day Of The Hearing! It's Time To Panic!

If you have taken the time to prepare your case properly and marshaled all the evidence, including confirming appearances of any witnesses by subpoena if necessary there is no need to panic. Follow your morning routines when you have a big speech or presentation to make. Your hearing is no different. If you have a lucky rabbit's foot, take it with you. Complete all the rituals you have to make you feel comfortable.

Be sure to give yourself plenty of time to make it to the courthouse. You never know what obstacles, such as snarled traffic or an accident, may cause a delay. If you are delayed call the courtroom and notify the clerk that you are delayed but intend to appear. You don't want your case dismissed because you thought you could make it. Arriving early also afford the opportunity for you to settle your claim against the airline without the need for a hearing.

If you can't make it to court on the date of the hearing and you have a very good reason, such as illness, unavailable witness, death in the family or other emergency, you must request a postponement in writing. It is in the discretion of the court whether or not to grant your postponement.

Remember the court clerk is your friend, so always be courteous to the clerk. The clerk can help you or hurt you. Your case can be first on the docket. You are in and out and on with your life. Or, you may have to wait until the end of the session. If you are having a bad day don't take it out on the clerk. If the clerk is having a bad day grin and bare it. Furthermore if you are in a jurisdiction requiring multiple hearings due to discovery or other motions then you will have to deal with that clerk more than once and judges typically hire their clerks personally. So keep that in mind when you are frustrated and feeling like snapping at the court clerk.

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