Lake Mary, FL asked in Appeals / Appellate Law and Civil Litigation for Florida

Q: How can I appeal in Small claim for someone other than the judge to judge

He would not hear me shutting me down when I speak, won't listen to my proof in evidence and disregards my accusations against the plaintiff

Were i am stating laws that plaintiffs has broken and the iied that she has and is inflicting,he goes yelling that there isn't nothing that I bring to him and let's the other lawyer of plaintiffs speak openly and agrees alot with with this lawyer

Very biased against me and fiance,have spoken like they know each other saying ohh did you get my email judge(no usually i get everything you send me)the judge. I have been to Small claim court #2 times and the continuation are for the plaintiff to correct stuff,what can I do? I will go for the #3 time to court in a week or so

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: It appears that your main problem is that you are talking out-of-turn. The order of speaking is often over-looked by many pro-se litigants.

The plaintiff is supposed to speak and call witnesses first. The defendant should not interrupt or attempt to present his/her side of the story during the plaintiff's presentation.

Then it is the defendant's turn to present his/her case.

Then the plaintiff presents rebuttal testimony.

Then, in the same order (plaintiff, defendant, plaintiff), both sides make their arguments as to what the evidence means.

Finally, the judge rules.

Again, do not "talk over" someone else, except to object to improper evidence.

It is often that judges and attorneys know each other; an attorney commonly has appeared before the same judge many times. What may be improper is for the attorney to make an "ex parte" contact with the judge: communicating with the judge (about the case) without the knowledge of the opposing party.

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