Business Law 101 / TV COURTS-Part 2

By Albert L. Kelley, Esq.

Courtroom television shows often display best the wrong way to do things. This is especially true in the parties’ level of respect for the courtroom process. Routinely, parties on the courtroom television shows interrupt each other and talk over the judge. Often the Judges admonish them for such behavior. In a real case, a party should only interrupt the other to object based on specific legal grounds. Shouting “He’s lying!” is not a specific legal objection and will not endear the judge to your position.   The judge realizes that you don’t agree on what happened or you wouldn’t be in court. Let your opponent have their say and then the judge will give you your chance.   It should be noted that the Court can proceed without the parties’ presence, so if a party refuses to stop interrupting, the judge can have them removed from the courtroom and still proceed with the case.

One of the greatest mistakes television courts make compared to the real thing is in the area of hearsay evidence. Hearsay evidence is almost anything that is said by a third party outside the Courtroom (This is a gross oversimplification. Law school evidence classes spend weeks discussing what hearsay is and what the exceptions to it are, but we don’t have that amount of space). The essential rule of thumb is this, if your proof involves the written or verbal statement of another person, the person who said it or wrote it must appear in Court. If they do not appear, their statement or the written document is not admissible. This includes written repair estimates and police reports. These are not admissible unless the police officer or person making the estimate is present in Court to testify. There is a reason for this rule: under our system of law, each party has the right to cross examine all witnesses. You cannot cross examine a piece of paper. If a party is attempting to show the Court a written estimate, the other side has the right to question the person making the estimate to determine if they have the necessary skill, knowledge, or ability to make the estimate or if they had all the pertinent facts in making it. The same is true for police reports (A major problem arises when a party tries to introduce a police report from an accident to prove the cost of repairs, since officers are not trained to give accurate repair costs). In order to introduce a document written by a third party, or any statement made by a third party, you have the right to subpoena that person to appear in court and testify on your behalf. If they do not appear, after being subpoenaed, the Court may continue the case to give them an additional chance to appear. If they still don’t appear, they can be brought before the Court on contempt charges.

Under the current state of the law, the Courts hands are often tied in small claims cases. While TV Judges ask a lot of questions and try to guide the parties in developing their cases, this is not allowed in most real courts. The Judges in real courts must allow the parties to present their case as best they can without assistance. Otherwise, the Judge would be acting as an advocate rather than an impartial jurist. If the parties fail to prove essential elements of their case, the judge must rule against them rather than coach them on how to present their case. While this does not seem fair in a system where we are trying to do justice, the judges hands are tied by the law.

Lastly, remember that TV Courts are there for entertainment. Real cases can be just as entertaining, and the courtrooms are generally open to the public.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University. He is also the author of “Basics of Business Law” “Basics of Florida’s Small Claims Court” and “Basics of Florida’s Landlord-Tenant Law” (Absolutely Amazing e-Books). This article is being offered as a public service and is not intended to provide specific legal advice. If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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