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Magistrates are trained, volunteer members of the local community who make decisions in criminal and family cases in Magistrates courts and the Family Court. The most complex cases in Magistrates courts are heard by District Judges.
If the court is convinced that service of process was proper, it will issue an Order of Default. That permits the custody case to be heard and concluded without the participation of the other party.
Under T.R. 53.2, if a judge takes a cause tried to the court under advisement and fails to determine any issue of law or fact within ninety (90) days of the submission of all pending matters, the case may be withdrawn from the judge. Ind.
What will happen at the hearing? It depends on the kind of court, the judge and the kind of case. Generally, you should be prepared to tell the judge in a few brief sentences what your case is about, how you plan to prove the facts of your case, and what you want the judge to do.
(1) File a motion in the District Court where the case was (Use form DC-002) You can file this motion in writing within ten (10) days after the date of the judgment. You must state in writing all of the reasons that you believe that the District Court judge made the wrong decision.
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When you speak to a District Judge or magistrate you should stand up and call them Sir or Madam. The press and public are usually allowed in the courtroom.
Summary: In most states, a hearing is an informal appearance before a judge where both parties in a case are given a few minutes to present their argument. A trial is usually a longer process which involves presenting all evidence before a judge and jury. Keep in mind that hearing and trial processes vary by state.
Despite the belief that some defendants particularly those big time suspects who stand accused of pilfering millions, for instancecry to win sympathy and merely as an act, most defendants who weep in court are likely doing it because they are genuinely scared and even possibly remorseful.
A Magistrate is a person appointed by the Court to hear specific types of cases. The Magistrate has the power to regulate all proceedings in the hearing, rule upon the admissibility of evidence, examine witnesses, and recommend findings of fact and conclusions of law to the Court.
Stand when the judge enters and sit when the judge or bailiff asks you to. Try to remain calm but it is OK if you show emotion. Take deep breaths if you feel yourself getting tense. Never lose your temper in the courtroom.

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