Inside District Court
Trying the District Court Motor Tort Case
One Judge’s Thoughts
The Honorable H. Richard Duden, III
haven’t heard too many of my brethren waxing rhapsodic at the prospect of presiding over a car crash case. I come by this affinity honestly. During the briefcase-
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toting phase of my career I worked for some years as staff counsel for an insurance company and my entire caseload was auto negligence defense. Ten, I left for a litigation firm where I represented primarily plaintiffs in a broader variety of claims, motor torts prominent among them. So I’ve worn the defense and plaintiff ’s hats, and now of course, bare-headed but be-robed, I sit on these matters as trier of fact. When it comes to motor torts, not only have I been on both sides of the bar, I’ve been on both sides of the bench. Tis familiarity has not bred contempt. Maybe it’s my
comfort level with the subject matter, but I welcome the opportunity to hear such cases, and in fact, to study them as they’re tried before me. To the extent that my perspective as a judge who has had a fair amount of personal injury experience as a trial attorney may be useful to practitioners, I am glad to offer some comments for consideration.
District Court and the Importance of Time Before you ever set foot in the courtroom, you may want
to consider the judge’s interest in the trial of your case. You know what your interest is. If you’re plaintiff ’s counsel, you want to maximize your award.
If you’re the defense, you want to minimize, and possibly score a defense verdict. But
s a District Court judge who actually enjoys hearing motor tort trials, I’m thinking I’m a rarity. I may be mistaken in this assessment, but I doubt it. I
what about the judge? What’s the judge’s interest? And why should you care? In District Court, barring special circumstances, yours
will not be the only case on the docket. Tere will be other cases scheduled with yours: maybe other motor torts, probably some collections matters, and possibly some add- ons such as protective order petitions or rent cases. Te judge is tasked with handling all these cases fairly and expeditiously to conclusion. Your case is no exception. Typically the judge takes the bench around 9:00 a.m. with an objective of finishing the morning docket by noon. In the afternoon court starts around 1:30 p.m. and is slated to end by 4:30 p.m. Courtroom personnel, such as the clerk and the bailiff, devoutly wish for this schedule to be followed. By the time all the preliminaries have been handled
and the judge calls your case for trial, there is probably some doubt that your matter, or other matters that will remain after your case, may finish within the court’s timetable. So, going forward, you may be able to curry judicial favor if you demonstrate through your demeanor, conduct and tactical decision-making that you understand the importance of efficiency in trying your case. I do not mean to imply that any judge would lean toward
one side strictly because the attorney was more concise than the other, and I certainly do not suggest that a case receive any less time than it needs to be complete. I merely note that often a more focused presentation is easier for a judge to grasp and many times can be perceived as more compelling. Try to keep in mind that while fairness and good
judgment are the District Court’s guiding lights, time is its most precious commodity, and a consistent regard for the Court’s time in the presentation of your case and the representation of your client will invariably stand you in good stead.
An Opening Opportunity Te opening statement is an underused weapon in the
District Court litigator’s arsenal. Some cases simply do not require much in the way of openings, but even in these cases, both sides should take advantage of the opportunity to look the judge in the eye and introduce your client and your case.
Trial Reporter / Summer 2012 11
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