Can Judges Ask a Party for Advice on How to Handle a Case

[gmdahootersman]

My question involves court procedures for the state of: Georgia

During pre-trials and trials, are judges allowed to ask for or seek advice from plaintiffs or defendants on how to handle a case? This may be a dumb question.

[Taxing Matters]

The details matter, of course, but in general there is nothing that prohibits a judge from from asking for the input of the parties on how to handle some aspect of the case, particularly on matters like scheduling, etc. Generally all parties should be involved in that, however. Simply soliciting the view of one party to the exclusion of the others may be a problem. Do you have a specific situation that you are wondering about? Some details on that might get you some more useful feedback.

[gmdahootersman]

The details matter, of course, but in general there is nothing that prohibits a judge from from asking for the input of the parties on how to handle some aspect of the case, particularly on matters like scheduling, etc. Generally all parties should be involved in that, however. Simply soliciting the view of one party to the exclusion of the others may be a problem. Do you have a specific situation that you are wondering about? Some details on that might get you some more useful feedback.

Well yes I do. Recently in a trover action case, a judge asked the defendant, who was pleading a "res judicata" and pushing for dismissal, whether she could that while the defendant was under default. Moreover, the judge assisted the defendant in getting the evidence from me of a prior case. Being polite, I provided the evidence of judgment of a prior case for the defendant to the judge. Later, the judge claims that State Court (her court) has no jurisdiction over trover cases, but it actually does. I attempted to provide evidence, which is the state court general case initiation form that has the choice "Trover" written on it to select, but she refused to accept it. I provided it to show that my complaint or request for a trover action was filed in the right court.

[Mr. Knowitall]

There is absolutely no reason why a court cannot ask a party to identify the authority they believe supports their motion -- more to the point, when legal issues are involved the parties are supposed to brief the court, rather than merely submitting unsupported motions.

[Taxing Matters]

Well yes I do. Recently in a trover action case, a judge asked the defendant, who was pleading a "res judicata" and pushing for dismissal, whether she could that while the defendant was under default.

In other words, she asked asked the defendant to justify the request for dismissal while the defendant was under default. Nothing wrong with that, particularly if you were there when the judge asked the defendant that question since you would then have the opportunity to present any opposing argument.

You tried to get a form admitted in order to prove jurisdiction. But a form is not authority for what jurisdiction the court has. You need to point to the relevant statutes/case law for that.

[gmdahootersman]

There is absolutely no reason why a court cannot ask a party to identify the authority they believe supports their motion -- more to the point, when legal issues are involved the parties are supposed to brief the court, rather than merely submitting unsupported motions.

May you elaborate on this?

[Mr. Knowitall]

Elaborate on what? Was something I wrote unclear?

[gmdahootersman]

Elaborate on what? Was something I wrote unclear?

No, there's nothing unclear. I just want to know what is meant by "brief the court". It means to "convince the court". Am I right?

[llworking]

No, there's nothing unclear. I just want to know what is meant by "brief the court". It means to "convince the court". Am I right?

No, it means writing up a brief that supports the motion...quoting law and case law. Yes, the purpose of the brief is to try and convince the court, but it still needs to be in writing.

[gmdahootersman]

No, it means writing up a brief that supports the motion...quoting law and case law. Yes, the purpose of the brief is to try and convince the court, but it still needs to be in writing.

There is absolutely no reason why a court cannot ask a party to identify the authority they believe supports their motion -- more to the point, when legal issues are involved the parties are supposed to brief the court, rather than merely submitting unsupported motions.

Agreeably, MrKnowItAll and you have hit the nails on the head.