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Court Procedures

  • 25-11-2008 10:14am
    #1
    Dewie
    Registered Users, Registered Users 2 Posts: 30 ✭


    Hi folks,

    I am due to appear in the District Court tomorrow and hope someone could kindly help with a query.

    To cut a long story short, I am representing myself and I am totally ignorant of court procedures and protocol. Can anyone help with the following?
    • How soon should I arrive before the sitting and what do I do when I get there?
    • How do I address the judge and how do I call witnesses?
    • Is there a chance to meet with the prosecuter before the hearing?
    I would appreciate any kind of help. I have searched the net but can't find anything on these procedures. Maybe I'm not looking in the right place. Thanks a lot.

    Dewie.


Comments

  • #2
    samslade
    Closed Accounts Posts: 28 ✭samslade


    arrive when the court starts and sit or stand and wait to be called.
    Call the judge "judge" and not your honour which is an americanism.

    You might consider asking to move the hearing to a different day on the grounds that you have not been able to get representation. If you have been charged with something that could result in imprisonment and you do not have the means to pay for representation yourself you can apply for the state to cover it, which you should do tomorrow - bring your bank statement and some evidence of what income you have.


  • #3
    Dewie
    Registered Users, Registered Users 2 Posts: 30 ✭Dewie


    Thank You Samslade,

    Its not a serious alleged offence (motoring) and I am representing myself because I think I can win. If I don't, the fine is smaller than the fees for a solicitor.

    Do I have to give notice of my intention to call witnesses though?
    And can I speak with the garda before the case is called?

    Thanks again.


  • #4
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    You may speak to the prosecuting Garda beforehand - he is under no legal obligation to talk to you, but usually will.

    You are also entitled to any statements to be used by the prosecution.

    You do not legally have to disclose the evidence you intend to call, but it may save everybody time if you do disclose it beforehand to the prosecuting Garda. That also adds to your creditibility. Much depends on the form of the Garda, and the known attitude of the judge to Gardai - some tend usually to accept Garda evidence whereas others are more inclined to question it. Local solicitor or journalist best informed on those topics.

    You are quite entitled to represent yourself. However many lay peoples' impression of court procedure is based on US TV. Irish courts are more low key, wiht less histrionics. Some lay defendants take up time and try the Judge's patience in raising issues which are irrelevant etc. District Courts are busy places with long lists. While judges have to be fair to everyone they do not want to conduct a tutorial on law and procedure so KISS - keep it short and simple.

    Good luck.


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