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Opening Statement in my bench trial on 10/01/09.
San Francisco, CA
Viewed 54 times.
Posted about 1 month ago in Litigation
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After 3 yrs. of litigation I have changed judges. The reason for the change was because the judge has been caught violating the 60 day rule. Instead of being hung out to dry the judge is taking early retirement. Because of this lousey judge my case has been floundering & miss managed allowing the defendants atty. to continue this case in bad faith. Before the judge was found out during my evidentary h. resulting from a motion for the santion. The judge did not order sanctions against the opposing counsel but did state that he will sanction the def. atty. for lesser sanctions. That never happen. QUESTION: Should I state this in my opening statement about the delays caused by the judge & the def. atty. which incidentally the atty. was disbared for 90 days if not when can I bring it up?
Answers (3)
John M. Kaman
This attorney is licensed in California.
Posted about 1 month ago.
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Even if this largely incoherent rant against judges and attorneys were true and you could prove it, what would it do to advance your claim (which you don't even share with us). Stick to the facts that prove your case and leave the mudslinging to the Republicans.
Guy Scott DiMartino
This attorney is licensed in Florida and 2 other states.
Posted about 1 month ago.
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I do not practice in your jurisdiction so the information that I am providing is of a general nature.
Because you have a new judge an opening statement would be beneficial. The judge in a bench trial will determine the answer to the factual dispute. The biggest mistake you can make is trashing another judge. In your opening statement, tell the judge what you believe the evidence will show. Just so you know, it is possible that the judge will not allow an opening statement. good luck 
Pamela Koslyn
This attorney is licensed in California.
Posted about 1 month ago.
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I agree with my colleagues that bad-mouthing another judge and the opposing counsel doesn't reflect well on you and sets an unnecessarily unprofessional tone to the proceeding. A more pragmatic approach is to take the high road and stick to the facts of your case, the elements you'll prove, and the standard "the evidence will show" format. The idea here is to win, not to be right.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. |
