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Master and Commander
Posts: 1405
Location: Houston, TX (Best state in the US) | Subject: Question about trial proceedings
The wife just got a summons for jury duty.....we got to shooting the breeze about trials, etc. I have never been selected for a jury but did appear as a witness and in Texas, a witness is not allowed in the courtroom until he is to testify and asked to leave thereafter. Is this standard in all states?
My only real attempt to sit in on a trial was in San Diego, when I went with a shipmate to the courthouse where he paid his ticket. The building was huge and full of courts. Since we had never seen a trial, we picked a courtroom and plunked ourselves down in the back. Both attorneys kept eyeballing us nervously and then looking at each other. (BTW, it was a horse thieving trial) Finally one of them approached the bench and after a brief talk with the judge, the judge announced that anyone in the courtroom who was not supoenaed was to leave. Is this standard in all states?
Third question. I would like to get a copy of the trial transcripts for the trial I was a witness in. An email request from the DA's office asking how to do it was never replied to. Are trial transcripts available to anyone in your state? I would have thought so, but then I don't know the system, and hopefully will never be in a position to tell you from experience.
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Great Sage of the Sea
Posts: 715
Location: Conway, NH | Subject: RE: Question about trial proceedings
Having been a witness and a jury member, I can confirm witnesses, in two states, are not in the courtroom before or after they testify.
The second question sounds like a special proceeding not open to public, door should possibly had been better guarded.
Try contacting the clerk of courts office at the court where you were a witness. For a fee, they probably would provide a copy of the transcripts. It could be expensive depending on length of trial and number of volumes of transcripts. |
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Senior Crew
Posts: 226
Location: San Diego, CA | Subject: RE: Question about trial proceedings
I was a witness in a burglary case and never got in the courtroom. But sitting out in the hall was very interesting.
It seems that most of the police knew the criminals, and their families, on a first name basis. Everyone siting or walking down the hall was saying "Hi" to each other. On the other side of the hall was divorce court. I overheard one lawyer telling their client to tell stories to make the husband look bad to the judge.
I was disappointed that I never got in court, but it was definately a learning experience outside. |
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COMSUBBBS
Posts: 2672
Location: New Jersey | Subject: RE: Question about trial proceedings
Dave, You should be able to get a transcript of the trail, but as mentioned earlier it will cost you. That's how the court reporters make their money, it's like overtime.
I sat in on 1 federal trial case and 2 state supreme court cases. one case was very interesting, in that you can tell the people doing the suing were lying through their collective teeth and the defendants lawyer wasn't allowed to go after them for it. They, the suers would have lost the case immediately if their honesty was questions. When the case was settled, and we were allowed to talk about it most of us had figured out the scenario and when the defendants lawyer questioned us all we asked him why he settled, cause we knew the others were lying. I think he was glad his client wasn't with him, cause this guy was pissed that he recommended settling the case.
When you think about the statue of Miss Justice with the blindfold on, with the scales in her hands is supposed to impart impartiality....but my opinion is that hiding the evidence, or not allowing certain info into a trail negates that impartiality.
Just my humble opinion and I'm obviously not a lawyer, so please no lectures guys!!!
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Crew
Posts: 98
Location: Lipan, TX | Subject: RE: Question about trial proceedings
I don't know about other states but in Texas, either party (defense or prosecution) can, at the beginning of the trial do what is called "invoke the witness rule". By doing so, no witness is allowed to remain in the courtroom until after they have testified. Once both sides have stated to the Judge that the witness is released, then witness can then remain in the courtroom as an observer.
As for getting copies of court transcipts; this is achieved by an open records request. Of course you must know the date and parties to the action and in most cases, having the Cause and or Docket number will speed up the length of time it takes to get the transcripts as the clerks wont have to spend gobs of time researching to make sure they find the correct case. You can expect to pay for the copy you receive. All county records fees are different but you should be able to get an estimate by asking the clerk. I know in Tarrant County, it is a buck a page up to the first 10 pages, then it goes up 50 cents with each set of pages totaling over 10.
As for Terri serving on a jury, unless the trial has been declared "closed courtroom", you should be able to sit in on the trial for the duration. Closed courtrooms are very rare these days and usually only happen in cases of abuse of children that will be testifying.
Hope this helps. |
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Master and Commander
Posts: 1405
Location: Houston, TX (Best state in the US) | Subject: RE: Question about trial proceedings
Thanks to all who responded!!!!!!!!! |
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Senior Crew
Posts: 124
| Subject: RE: Question about trial proceedings
Both my wife and I have been on jury duty and it was an educational experience.
Also, we have been to municipal court and small claims court for work that we paid for and was not completed.
Yes the police are usually on a first name basis with the 10% of the population who are committing 90% of the crimes.
As far as civil trials in which you are seeking compensation, there is a common sense point where if you don't settle you are going to be out of a boatload of money spent on legal fees. A good lawyer will explain this to you up front and not take on your case just to collect fees. |
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Great Sage of the Sea
Posts: 606
Location: Citrus County FL | Subject: RE: Question about trial proceedings
I had to testify as a witness once (kidnapping, rape, ....). I discovered the crime scene -- clothing, beer cans, and the victims driver's license -- and called the cops. They were working on the case but didn't know where it happened. they told me it was a "slam dunk". Anyway, I was off at summer camp with my scout troop when I got the call to appear. I drove directly from camp to the courthouse. No witnesses were allowed in the courtroom until called. When I got called and went in -- wearing my full dress scoutmasters uniform (shorts and long socks to boot). The bailiff asked the judge if he had to swear me in -- the judge said something like "if we can't trust a boy scout to tell the truth...." The two bad guys were still in the slammer ten years later... |
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Question about trial proceedings
