A Glimpse into the Maryland Civil Court: Observing Family Court
The Setting
For a majority of low-profile civil cases, court proceedings are open to the general public. Upon entering the courtroom, you are faced with a hushed and formal atmosphere. In the room, you will most likely see a judge, plaintiff, defendant, and representing attorneys. It is also important to note that not every case will have an attorney for both sides as there is no right to counsel in civil cases.
The Proceedings
Like many other categories of cases, family court cases can cover a variety of issues. This can range from child custody, divorce, child support, and even domestic violence. Each case is unique depending on the wants and needs from the plaintiff and defendant, but there are common elements you might observe or hear of:
- Pre-Hearing Preparation: Both parties are expected to gather documents and information that would best fit the case. For example, in the case of child support, parties may look to gather income statements, tax returns, and other relevant records. The party seeking the issue to be brought to court must also file a motion or petition.
- Opening Statements: The hearing then begins with opening statements on the matter from both parties. Attorneys might outline what they are presenting to prove or disprove.
- Testimonies and Evidence: Opening statements are typically followed by presentation of evidence. This is where the pre-hearing preparation comes in handy! For example, in the matter of child support, both parties will take this opportunity to provide employment status, changes in income, or cite new financial circumstances. In some cases, expert opinions or witness testimonies may also be presented.
- Cross-Examination: Each party is then given the opportunity for cross examination. This may include a series of questions and a challenge of the evidence presented on both sides.
- Legal Arguments: A legal argument is typically then provided by the representing attorney if an attorney is present. They will argue what changes or effects should be made in the matter. In the case of child support, this may include why the amount should increase, decrease, or stay the same.
- Judge’s Deliberation: Judges are given the opportunity to consider all the statements, evidence, testimony, cross-examination presented.
- Ruling and Orders: The judge issues a ruling on the matter at the end of the hearing or at a later date. The ruling typically details any changes or effects for the parties.
- Post-Hearing Actions: After a ruling from the judge, both parties are required to comply with said ruling even if they are not in agreement. The order from the judge might be instituted immediately or it might require further evidence and consideration.
Reflection
Overall, civil court proceedings have a structured process to ensure fairness for both parties and to follow legal standards. Witnessing a civil court proceeding provides a valuable perspective on the legal process in the United States. It highlights the challenges faced by the ordinary person and helps humanize the process.
If you ever find yourself with the opportunity to witness civil court proceedings, approach it with an open-mind and respectful attitude. It’s a special approach in learning the judicial system and how it impacts our personal lives.