What are the rights of the defendant?

Question

In a CIVAL summons to court, is it the law that the defendant be represented by an attorney ? I have only had five days (during the holidays) to find representation w/o any success. I am trying to get the date pushed back. Is it my RIGHT to have legal representation in a CIVAL court hearing?

Answer 1

I think you mean "Civil." You have the right to retain counsel. You don't say what the case is about. A judge will not force you to participate in a trial if you are not represented. If one does, have your attorney file an appeal, when you get one.

Answer 2

Absolutely. You should go to the initial court date set up and simply tell the judge what you said here... that you only had 5 days over the holiday (2 or 3 business days) to find legal counsel, and would like a continuance in order to do just that. Ask nicely, the courts know all the attorneys are in the Bahamas over the holidays (the good ones, anyway.. LOL)

If it's small claims, the judge might wonder why you think you need a lawyer for a claim of a few hundred dollars, but in a civil proceeding you do have the right to have counsel present no matter what.

Most judges wouldn't blink an eye at that request. He or she will do a continuance for probably 30 days or the next available court date thereafter. Happens all the time. Good luck.

Answer 3

It depends. Small claims courts are set up so that you don't need a lawyer. Some jurisdictions won't even allow a lawyer to open his mouth in small claims court. Other than that, in a Civil Court, you should probably have representation. You can file for a delay in order to obtain said representation. Do it right away. For more information (in a very general sense as I don't know your state or country) try here http://www.scselfservice.org/civ/default.htm#needlawyer

Answer 4

No. The right to an attorney only applies in a criminal trial.