What to Expect When You Go to Court

In Buncombe County, we currently have three District Court judges who are responsible for hearing all divorce and family legal matters, including child custody, child support, post-separation support, alimony, and equitable distribution. These cases are typically referred to as “domestic” cases. When a domestic action is filed with the court, a Family Court judge is assigned to the case, and, except in the event of an emergency, that judge will hear all matters related to that family’s case. When domestic cases go to trial, the cases are heard and determined by a judge, not a jury. One rare exception is that in an alimony case, either party may request a jury trial on the issue of marital misconduct, but a jury can only decide that specific issue, not whether a party is entitled to receive alimony, or the amount and duration.

Although the majority of domestic cases are settled outside of court, some cases go to trial on one or more issues. Parties may be able to settle some aspects of their case but be unable to reach an agreement on others. Even if your case does not go to trial, you may still need to appear in court for other matters, such as a hearing on a motion or a pretrial conference.

Depending on your reason for being in court, you may be feeling a wide range of emotions – everything from anxiety about testifying, to relief that your case (or one particular aspect of it) is closer to being over. Knowing what to expect and being familiar with the court process can make your day in court less stressful. Prior to a court hearing, your attorney will usually meet with you to discuss your case and the issues scheduled for hearing. Your attorney should be able to prepare you for potential questions that may be asked of you in court.

Going to court can be a tedious and time-consuming process. Even if your case has been scheduled for a specific date, you may have to wait while other cases are heard. If you are in court for trial, the process can be lengthy – usually ranging from half a day to several days, depending on the issues in dispute and the amount of evidence that needs to be presented to the court for the judge to make an informed decision. A trial on the issue of equitable distribution, for example, will generally take much more time than a hearing on a temporary matter.

Having a trial and letting a judge determine the outcome of your case can be an expensive endeavor. Your attorney must spend significant time preparing for the trial, including performing any necessary research, preparing an in-depth legal brief, interviewing and issuing subpoenas to witnesses, and compiling exhibits to be admitted to the court as evidence.

When your case is called for hearing, you will sit with your attorney at the counsel table, and the opposing party will sit with his or her attorney at another table. At trial, each party is given the opportunity to present their side of the case and offer supporting evidence, which may include your personal testimony, presentation of exhibits, and testimony of witnesses.

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It is common practice for the plaintiff (the party who initiated the legal action) to present his or her side of the case first. Regardless of whether you are the plaintiff or defendant, at some point you will likely be asked to come forward to the witness stand to testify under oath before the judge. Your attorney will ask you questions, and then the opposing attorney will have the opportunity to ask you questions. The opposing attorney may challenge the testimony you have previously given at trial or in a deposition or discovery. The opposing attorney may ask you unexpected questions or even try to get you angry or upset. If the opposing attorney asks questions of you that your attorney deems inappropriate or irrelevant, your attorney may object to the questioning. If your attorney announces an “objection” to a question, do not answer it until the judge decides whether or not you should be required to answer. This can help protect your rights and possibly preserve an issue for appeal.

Many attorneys have general advice they give their clients, such as not trying to guess an answer that you don’t know or can’t remember. The best policy is to be truthful and keep your answer simple. If it appears that you are lying or embellishing, you may lose credibility with the judge.

The opposing party will likely be subject to the same process: called to the witness stand to testify under oath, and subject to examination (questioning) and cross-examination by the attorneys. Your attorney will likely consult with you throughout the trial, and you may write notes to your attorney during the trial, but you should do so without interrupting or distracting your attorney.

Court rooms are public spaces. Only in special circumstances will a judge close a hearing to the public. Witnesses, including expert witnesses, family, friends, and any other persons with knowledge pertinent to the case may be required to appear and testify in court. Other people may be present in court, including friends or relatives who are there to offer emotional support.

At the conclusion of the hearing, each attorney will make a closing argument summarizing the facts and evidence that have been presented and will attempt to persuade the judge to rule favorably on behalf of his or her respective client. After the trial has concluded, the judge may make a decision right away in open court, or take the matter under advisement to take time to consider the evidence that has been presented and the merits of each party’s claims. Once the judge has made a decision, he or she will enter a written order and each party will be provided a copy of the order through their respective attorney.

Going to court and having your case decided by a judge can be risky and unpredictable. Being represented by an experienced and competent family law attorney can make a tremendous difference in the outcome of your case. Through years of dedication and success, Siemens Family Law Group has earned a distinction as one of the preeminent family law firms in Western North Carolina. You can count on our attorneys to be skilled negotiators, formidable trial attorneys, and effective advocates.

Jim Siemens

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This article is intended for information purposes only and is not to be considered or substituted as legal advice. This article is based on North Carolina laws in effect at the time of posting.