Published on:
2 Dec 2022
2
min read
Reshared from Matt Margolis Linkedin Post: https://www.linkedin.com/in/itsmattslaw/
On calendaring Court dates, and clashing commitments.
Fun story from Matt Margolis. I'll share 2 stories in the same vein: one mine, one not mine.
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MINE:
Judicial officer ("JO"): I'm looking at hearing dates in mid-October.
Me: yes, Your Honour. That might post a challenge, though - I'm scheduled to be on paternity leave...
Opposing counsel ("OC") / JO: (in unison) Ohhh!
Me: (somewhat sheepishly) yes, and if the previous one¹ was anything to go by, the rest of October might be a fairly chaotic time for me...
JO: (nods) How about 10 - 11 November then? Mr OC?
OC: no objections. And if I may say, congratulations to my learned friend.²
JO: very well. Hearing fixed for then.
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NOT MINE:³
[Friday afternoon, in the midst of a trial, and cross-examination had just concluded. In those days, the working week only ended on Saturday at lunchtime.]
Judge: ok, counsel. Oral submissions tomorrow morning?⁴
My colleague ("MC"): I'm afraid I can't, Your Honour. I'll be attending a wedding.
OC: I don't see why not. It's just a wedding, isn't it? Why don't you just go a bit later?
Judge: yes, why not, counsel?⁵
MC: well, Your Honour, it so happens that I'm getting married, and...
Judge: oh! Well, how long do you need then, Mr MC? Will you be going on a honeymoon? Take some time off. I'll see you both in 2 weeks.
Disclaimer:
The content of this article is intended for informational and educational purposes only and does not constitute legal advice.
¹ Fun fact: my eldest was born on a Saturday. I was second chair for a hearing on Monday. I told first chair I would work on the matter on Sunday. He wisely told me that he would find alternative support. He knew, far better than me, that I was biting off more than I could chew.
² Thoroughly decent chap. Compare this another matter I handled some years ago. My colleague fell ill and asked for a hearing to be adjourned. Counsel demanded to see her medical certificate, then insisted that the hearing go on because the certificate did not state that she was "medically unfit to attend Court proceedings".
³ I am telling the story as best I can - I was told this story and was not an eyewitness. Do excuse the artistic license taken.
⁴ In those days, it was common for oral submissions to be made at the close of trial. Contrast this to the more common practice these days for written submissions to be filed. For those who hanker after the old ways, there's always the simplified trial process which applies to Magistrate's Court cases.
⁵ Non-lawyers may be surprised by this. But it is accepted that Court attendances generally take precedence over work commitments or personal engagements. The key word, of course, is "generally".
