Does defendent have to be present

[wizkid]

What is the name of your state? Texas
Does the defendent have to be present in a justice court suit or can her lawyer just show up on her behalf? Thanks in advance?

 

[racer72]

The defendant will be required to attend. In many states, legal representation in not allowed in small claim court.

 

[JETX]

"In many states, legal representation in not allowed in small claim court."
*** Yes, but that doesn't apply in Texas. So, the correct answer is...
Yes, the defendant must show up. If he/she doesn't, then you get a default judgment.

 

[wizkid]

Who asks the questions?

I read somewhere that I would be asking my witnesses questions. Is that correct? I thought the judge would be doing that.

 

[HomeGuru]

Re: Who asks the questions?

I read somewhere that I would be asking my witnesses questions. Is that correct? I thought the judge would be doing that.

**A: no, I want to ask the questions?

 

[wizkid]

So the judge asks the questions?

Clarification: I will not be asking my witnesses questions?
You may be in a catatonic state but I'm in a state of confusion!

 

[JETX]

You can ask questions of the defendant. Some small claims courts will let you talk directly to them, some will ask you to ask the judge who will then ask.