Inside District Court
Rather than relying solely on your client’s verbalization of how the accident took place, show the judge. Have a nice, large street map that your client can mark up to present important information, such as the point of impact, the direction of travel of the vehicles involved, where the vehicles came to rest, etc. In these days of Mapquest and Google Earth, there’s
really no excuse for not offering this type of demonstrative evidence. Just remember two additional points: when you go over the evidence with the witness, make sure the judge can see it. And when you’re done, make sure you move the map/diagram/photo into evidence. It is truly amazing how often these simple points are overlooked. Attorneys most often neglect to include the judge when
they ask a witness to look at 4x5 or 8x11 maps or photos of the accident scene. Everyone gathers at the witness stand hunched over, examining the evidence ever so closely while the witness points to areas/items of interest. Meanwhile the judge,
being produced, sits forlornly several yards away, staring at counsels’ backsides, feeling left out of the party. When you do present demonstrative evidence, try to remember to include that person over there in the black robe.
In Closing I’ll be frank:
it’s the rare District Court case that is
decided at the closing argument stage. In a great many cases, a judge’s mind has been made up, by that time, both on liability and damages. Still, all judges acknowledge that records must be made, clients must be impressed, and some cases really do hang in the balance at closing. Every case will be different, but you should be able to
gauge what issues need to be addressed in depth during summation. If you are unsure, however, take advantage of the fact that in a court trial, you can ask the trier of fact directly what points to focus on: “Would the Court like me to argue liability?” is a good first question, for example, in a case where proof on that issue seems dispositive, but there’s been no stipulation. Whatever the issues, try to deal with them coherently and expeditiously. Ten to cover yourself, ask at the end: “Is there anything else the Court would like me to address?” Te answer may reveal that you have totally misread your judge, but if so, at least you’ll have a final chance to recover. Lastly – and this applies mainly to practitioners who
appear more often in Circuit Court – DO NOT present a jury argument to a District Court judge. Avoid getting
in touch with your inner Matlock and save the lengthy explanations of the burden of proof and pre-impact fright for the laymen. Tey are unnecessary and often come off as condescending. Above all, they waste time. Stick to the facts and the law. I certainly hope this article contains something you
will use as you toil in the District Court motor tort fields. Whether you represent plaintiffs, defendants or both, bear in mind that the judges you appear before have as their paramount goal the fair and impartial administration of justice.
Helping them realize that aim efficiently by
incorporating some of the trial techniques outlined above couldn’t hurt your client’s cause.
Biography Te Honorable H. Richard Duden, III is an Associate
for whose benefit this evidence is ostensibly
Judge for the District Court of Maryland in Anne Arundel Country. Prior to his appointment in 2008, he was a senior litigator at Hyatt & Weber. Judge Duden attended University of Virginia (BA) and University of Maryland School of Law (JD). He is presently a member of several local bar associations including the Anne Arundel County Bar Association, where he currently serves as President.
Injury Centers of Maryland 1.866.995.7694
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