Its a two part question. #1 is the Judge required to have the Record of the Case to refer to?
I ask because some lawyers are not truthful or uncivil in tone and start rewriting history.
I am interested in hearing any unique ways to handle the Opposing Counsel that insists on making prejudicial, unprofessional and defamatory comments or misrepresents the record.
Obviously being prepared and have the evidence is step #1
Construction / Development Lawyer
The judge will generally have the case file in front of him, but he would not always be required to. Some things do not require the judge to refer back to prior matters.
As for telling you how to deal with a difficult opposing counsel, that is a skill that might take years for a practicing lawyer to learn, and there is no set procedure for dealing with that situation. Every case is unique, and so are attorneys.
There is probably nothing you can do to change the way an attorney handles his cases. Just act professional yourself and don't let him or her get to you.
Judges usually have case file with them on the bench. Mostly judges familarize with the case before they take bench. Especially, the court is assigned to one judge. They know history of the case.
Its important that you remain calm and professional even if other counsel makes comments, which you feel are unprofessional or prejudicial comments or misrepresents the record. Its important to present your case in a calm manner and do not get agitated, even if other counsel attempts to agitate you. If you can refute charges by presenting meaning ful evidence, that will be helpful in proving that opposing counsel comments or evidence is not believable. Court can usually see from the record and evidence presented, what is right or wrong.
Madhu Kalra Kalra Law Firm 23720 Arlington Avenue, Ste 5 Torrance, Ca 90501 (310) 325-9012
Family Law Attorney
There is no legal requirement that the Judge have the court file when a ruling is issued. It is normal practice for the judge to review the file the day prior so they understand the issues. It is also possible that the court clerk cannot find the file and there is no file to review. The judge will usually state if there is no file.
There are some attorneys that try to twist the facts or say things that are not true. That is why you need to be prepared.