How a lawyer asks the judge to make a decision?
Asked by: Mr. Jayson Shields | Last update: June 5, 2025Score: 4.9/5 (23 votes)
Oral motion - You can make a motion verbally (orally) while in court. This can be at the initial appearance, at a status appearance, or during a hearing. Usually, you can use an oral motion when the request is not complicated, or if it is an urgent request that you are hoping the judge will grant that day.
How are judges supposed to make decisions?
The trial judge's decisionmaking must determine what are the facts and the proper application of the law to these facts. To bring order to the confusion of contested facts and theories of law, the trial judge decides cases by hypothesis or a series of tentative hypotheses increasing in certainty.
How do lawyers greet the judge?
Address the judge only as “your honor” when addressing the judge in the courtroom. Refer to the judge as “the Court”, “his honor,” or “her honor” if you need to refer to the judge while addressing a witness or the jury.
Why do lawyers ask to approach the judge?
An attorney may approach the bench in order to have a conversation with the judge and opposing counsel off the record and/or out of the jury's earshot. An attorney or juror must obtain permission from the judge to approach; e.g. "your honor, may I approach the bench?" For example, in People v.
How do lawyers make decisions?
In broad terms, the decisions a lawyer makes in a case are related to strategy or tactics, or technical questions related to procedure. These decisions are the lawyer's because they usually do not “materially affect” the client's interests. See Model Rule 1.2.
What judges use to make decisions
How do lawyers decide to take a case?
A lawyer's decision to take on a case involves multiple factors, from the strength of your legal claim to the potential financial outcome. They consider whether your case has legal merit, the costs involved, and the likelihood of a successful outcome.
How does the court make decisions?
Trial courts are also called "superior courts." In the trial or superior court, a judge, and sometimes a jury, hears testimony and evidence and decides a case by applying the law to the facts of the case.
How do you persuade a judge in court?
A judge is persuaded when an advocate presents an articulate position. To persuade, an advocate must inform. Judges are unfamiliar with the details of their cases until they hear argument. They rely on the advocate to provide the background.
Can a lawyer request a certain judge?
Your lawyer may request a different judge if the person is a party to or has an interest in the outcome of the case. For instance, if the person has presided over a previous case of yours, then that is a clear example of when this would be possible.
Is it okay to argue with a judge?
No matter what is said in the courtroom, you should exercise self-control. Don't argue with the opposing party, their attorney, the judge, or Judiciary staff, even if you are upset by your case.
What not to say to a judge?
- 'I Did It. ' ...
- 'They Didn't Tell Me...' ...
- Expletives. ...
- Lies, Lies, Lies. ...
- 'I Will Represent Myself.
Can you say yes sir to a judge?
This will lose you the respect of the judge and the jury. Any lawyer who can make a witness mad will probably cause the witness to exaggerate, appear unobjective, and emotionally unstable. Be sure to answer "Yes Sir/Ma'am" and "No Sir/Ma'am" and to address the judge as "Your Honor. "
Why can't you chew gum in court?
Neither snacks nor beverages are allowed in the courtroom. Even chewing gum can be seen as a sign of disrespect, especially while speaking to the Judge. Make sure you wake up early enough before your court appointment to have breakfast and coffee, so that you'll be alert and able to focus.
Can a judge refuse to look at evidence?
Lawful suppression of evidence means the judge rejects the use of the evidence in the court because they think that the evidence may be inadmissible due to a violation of the Constitution or other statutes that permit the evidence to be excluded.
What are the guidelines for decision making?
- Step 1: Identify the decision. You realize that you need to make a decision. ...
- Step 2: Gather relevant information. ...
- Step 3: Identify the alternatives. ...
- 7 STEPS TO EFFECTIVE.
- Step 4: Weigh the evidence. ...
- Step 5: Choose among alternatives. ...
- Step 6: Take action. ...
- Step 7: Review your decision & its consequences.
Why do judges take so long to make decisions?
How soon a decision is filed depends on many things, including the complexity of the issues raised, the caseloads of the judges , and scheduling considerations. In addition, some of the time required is built into the process.
Can a judge override a law?
Only four U.S. states have allowed judicial overrides: Alabama, Delaware, Florida, and Indiana. Indiana abolished it in 2002, Florida in 2016, and Alabama in 2017. In 2016, the Delaware Supreme Court declared the state's death penalty law unconstitutional due to the override.
Can the judge do whatever they want?
A judge may act pro se in all legal matters, including matters involving litigation and matters involving appearances before or other dealings with governmental bodies. In so doing, a judge must not abuse the prestige of office to advance the interests of the judge or the judge's family.
Can a lawyer talk to a judge about a case?
It's called ex parte communication and it is forbidden and may cause problems such as the judge recusing himself after an attempted ex parte, or it may in extreme cases engender a sua sponte dismissal of the case with the right to refile before another judge. Lawyers may be suspended or discipli...
How to impress a judge?
Make it clear to the judge that you are focused solely on persuading him or her as the decision maker. Build and maintain your credibility as much as possible. Be prepared, clear, and concise. As a general rule, do not argue contested facts.
Will writing a letter to the judge help?
Writing a letter to a judge requesting leniency can be a crucial step in influencing the outcome of a sentencing. Such letters, often submitted during the sentencing phase of a criminal case, aim to persuade the judge to impose a lighter sentence.
How do lawyers convince?
“One of the best ways to persuade others is with your ears—by listening to them.” — Dean Rusk Be objective, even if the opposition's written tone is aggressive. Tit for tat does not win cases. Antagonistic verbiage is not persuasive. Respond with analytical writing that draws a conclusion supported by law or facts.
What can make a court decision appear stronger?
Final answer:
A court decision's strength is influenced by the consensus of the justices. A unanimous decision (9-0) is the strongest, followed by larger majority opinions. In contrast, narrower votes (like 5-4) indicate greater disagreement and can seem less stable or compelling.
What is the rule of four?
On the face of it, the Supreme Court's “Rule of Four” is straightforward. Where the justices have discretion as to whether to hear an appeal, at least four of the Court's members must vote to grant a writ of certiorari, which facilitates a full review on the merits.
How to win preponderance of evidence?
The preponderance of the evidence is the lowest standard of proof in a civil case. To prove something with this level of evidence, one must show that it is more likely than not for something to be true. This means that all things considered, it is more convincing than anything against it.