First Day in Court

FAQ

1. What should I wear to court?

Appearance matters. Dress for victory! Aim for business casual: neat and presentable but not overly dressy. Avoid jeans, sweats, t-shirts, revealing clothing, or anything that might project an image contrary to your situation.

2. What should I bring to court?

Bring your Exhibit Notebook containing all evidence and your Trial Notebook holding all court documents. Treat these as originals; do not provide copies to the opposing counsel. If they request to see them, show them but ensure you get them back.

3. How should I interact with opposing counsel?

Be proactive. Approach them, introduce yourself with your name, case number, and docket number, and state your intention to explore a move-out agreement or payment plan. Be clear about your ideal offer and bottom line, and stick to your terms, especially if you preserved a jury trial.

4. What if opposing counsel tries to pressure me into accepting a deal I don’t want?

Landlord attorneys may use various tactics, from friendly persuasion to intimidation, to get you to settle. Stay calm, take notes of what they say, and politely but firmly respond with, “Let’s go talk to the judge and request a mandatory settlement conference.”

5. What is a mandatory settlement conference?

It’s a supervised negotiation session with a neutral mediator where you can discuss possible solutions with the guidance of a third party. This can be a valuable opportunity to reach a fair agreement.

6. What if the judge pressures me to accept a deal?

Judges might try to encourage settlement, but remember, you have the right to a trial. Stand your ground and politely reiterate your desire for a trial if you disagree with the proposed terms. If they insist on making changes, request time to consult with EDN or have them review the changes at the next empowerment class.

7. What if I don’t reach an agreement at my first appearance?

The judge will typically set new dates for further proceedings, such as a mandatory settlement conference, a trial setting conference, or a final status conference with a trial date. Ensure you understand what type of appearance each date entails and write down the details.

8. How can I best prepare for my court appearance?

Attend EDN’s empowerment classes and webinars regularly to gain knowledge and skills. Practice answering questions clearly and concisely. Familiarize yourself with court procedures and courtroom etiquette. Most importantly, arrive on time, stay calm and respectful, and utilize the resources and support provided by EDN.