Can I speak to the Judge about my case? While the Judge desires to be available and helpful to all individuals, it is improper for the Judge to speak with you concerning a pending case – criminal or civil. The Judge must make rulings on matters presented in the courtroom and is required to remain impartial and neutral – in and out of the courtroom. If you are involved with an estate matter or have been cited with a traffic violation, the judge cannot engage in discussions with you about your case.
Must I have an attorney for my traffic citation? You are not required to have an attorney, but in all cases it is potentially dangerous to proceed without one. An attorney is strongly recommended if you have been cited with an offense that is punishable by potential incarceration or potential license suspension - such as a DUI, Driving with Suspended License, etc. An attorney is trained (and usually very experienced) to seek out defenses in your case. You will be required to adhere to the rules of evidence and uniform court rules and procedures if you choose to act as your own attorney.
Must I have an attorney to file on an Estate? While the court desires to be helpful and compassionate during the time of your loss, an attorney is recommended, especially if you do not know which petition to file. There are several different types of Petitions and/or actions that may be filed with any Estate. Each Estate is unique and the Court may not suggest or recommend the type of filing best suited for your needs. An attorney is always recommended if real estate is involved. An attorney is strongly recommended when filing a petition for Year's Support (deed work, required PT-61 form for Superior Court, Legal description including metes and bounds, etc.).
May I speak with the court about a procedural issue? The Clerks will gladly answer any procedural questions concerning petitions, hearings, traffic court dates, or filing fees - but may not give legal advice.
May I get a continuance for my traffic court appearance? Generally, only one continuance is given and only with good cause shown. A continuance request must be made in person on the scheduled traffic court date shown on the citation. The Court will not grant a continuance by telephone.
When will my Estate hearing take place? Most formal hearings are scheduled to take place within 30 - 60 days after filing. Discovery deadlines may require a hearing to take place several months after the filing of a Caveat. Most uncontested matters are heard very quickly (many on the same day of the initial filing).