Do i have to be present at my bench trial if i have an attorney?
10 attorney answers
If you are going to trial on a criminal or traffic matter, the attorney can generally handle for you with waiver. If personal injury case, you should be there to testify and should discuss situation with attorney.
The answer above is only based upon the limited information provided. The answer is limited and my review is likewise limited, and thus the response is not intended to be acted upon as legal advice. Although licensed in numerous states, I am currently only licensed to practice law in the state of Nevada. No attorney-client relationship is formed until you sign an attorney-client agreement with my office. Any information provided is for discussion purposes only and there is no attorney-client relationship formed. Only general legal information is provided. Each case is unique and accurate legal advise would require review of all details and documents for each specific case. It is possible that the comments here, while meant to be helpful, may in some cases not be complete or accurate.
Your attorney knows the specific facts of your situation, which is somewhat unclear from your posting. Call your attorney for an answer.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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It is vitaly important to your case that your attend your trial. There are certain damages that can only be proven through your testimony, e.g. pain and suffering. Depending on the trial order, your appearance may actually be required, and failure to appear could result in a dismissal of your cases. Consult your attorney and see if (1) your appearnace is required by the trial order, and (2) whether the trial can be continued to a more convenient date and time.
You need to be at your trial. If I were the judge, failing to appear for this reason would irritate me. Your accident happened way back when, you made a claim, filed suit, went through discovery, and now two weeks before trial, the date for which you have known about for quite some time, suddenly you have to get out of town. That's a recipe for a poor outcome.
You need to consult with your attorney on this. Typically, if my clients refuse or are unable to be present for the trial, then I am reluctant to proceed. However, there are special circumstances in some instances, especially if your disability is such that you are truly unable to attend. Moving is probably not a good excuse, but your attorney should advise you of the best course.
An attorney-client relationship is NOT created through the use of this website or by answering this particular post. Each claim is different and must be judged on its own merits. The response herein does not constitute legal advice. The response is in the form of legal education and is intended to provide general information about the matter within the question. Questions may not include significant and important facts that could significantly change the reply. Mr. Price is licensed in MO only and strongly advises the questioner to confer with an attorney in his or her particular state in order to ensure proper advice is received.
Ask for an extension. Even if you arent obligated to be present, the Judge cannot look favorably upon that. Good luck.
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.
Odd to have a bench trial in a personal injury case . . . but if this is your personal injury trial, you really have to find a way to be there. Without the impact of your testimony, especially as to pain and suffering, you are not likely to get anywhere near the compensation you could otherwise achieve. Only you can testify as to your personal damages. I assume you have talked to your attorney about the possibility of being absent? I am sure he/she will impress upon you the need to find a way to be present at your own trial. If the trial is for a criminal matter (such as ticket received), then you also need to be there or see about appearing by telephone or video.
Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.
If attending in person on the 14th of May will pose a hardship, ask your attorney to have the hearing continued to allow you more time to prepare. If you do not appear at your own personal injury trial you should at least ask the attorney to take your video tape deposition so you can make an appearance that way. The cost of such a deposition will be at least $800 if not more (about $250 per hour for the videotaping plus $150 per hour for the transcript). Best bet is to doe everything possible to appear in person at your own case even if your attorney will be there also.
Attorney is Licensed in Arizona, California, and Colorado only. The opinions and comments offered are in the nature of general business advice relating to generic questions that might be raised. The use of this site is not intended to form an attorney client relationship of any kind. The reader is advised that every situation is different and you should always consult in person with a licensed attorney for the particular jurisdiction in question when your legal rights may be effected.
Just imagine what the judge who will be deciding your case will think about how much you care about your case when you don't bother to show up for trial. I'd figure out how to stay the two weeks and show up for trial.
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