What are the advantages and disadvantages of having your case heard by a magistrate judge?

Asked over 1 year ago - Kent, WA

What are the advantages and disadvantages of having your case heard by a magistrate judge?

Attorney answers (5)

  1. John Robert Bonin

    Contributor Level 10

    4

    Lawyers agree

    Answered . This is a litigation question. In addition, you may want to give more specifics. Are we talking about a Federal Court? A better context of your question will probably get better and more helpful answers.

  2. Jeffrey Ira Schwimmer

    Contributor Level 19

    5

    Lawyers agree

    Answered . Depending which court system you are in (federal vs. state) you may not have a choice. Furthermore, even if you do, it is a tactical decision which has to be made based upon the facts of the case, the parties, and numerous other considerations. Setting aside that you do not give enough information to give an educated comment in response to your question, this forum doesn't present the appropriate arena to adquately address all considerations.

  3. Robert Bruce Kopelson

    Contributor Level 20

    4

    Lawyers agree

    Answered . Id suggest you consult with local counsel who have experience appearing in front of the magistrate to get input into the magistrates traits for fairness, intellect, etc.

  4. Roger M. Townsend

    Contributor Level 9

    2

    Lawyers agree

    Answered . I am assuming that you are in Federal Court in the Western District of Washington, where the parties can both consent to having your case heard by a magistrate judge. If the other side doesn't consent, then it probably doesn't matter. It all depends upon your judge and your assigned magistrate. They are both generally high quality in this district.

  5. Thomas Martin Morningstar

    Contributor Level 12

    1

    Lawyer agrees

    Answered . For business cases, I personally prefer Magistrate/Judge trials as they are faster, and you tend to get an educated determination. If your case is personal/based as much on emotional appeal as evidence, then you may be best off with a jury. Judges don't respond real well to emotional appeal.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

30,264 answers this week

3,221 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,264 answers this week

3,221 attorneys answering