|
||
      |
||
 |
|
|
|
Policy
Manual
Superior Court For Juvenile Matters
Attachment A to 46-3-5
The
following are suggestions to assist staff with preparing for court and
presenting the best possible case:
Activities Before the Court Date
·
Prepare and
maintain an easy-to-read visitation summary chart for the parents and children.
The chart should include the dates when visits were scheduled, who
attended, who missed the visit, whether it was excused or not, and comments
about the visit.
·
Prepare and
maintain a list of services offered and/or used by parents and include the type
of service, address of service, date of service, goals, and outcome.
·
Prepare and
maintain a placement log and include name of child, placement name, date of
placement, and date of removal.
·
Re-read the
case record and be clear about all of its relevant points, including events that
occurred before the current Social Worker was assigned to the case.
·
Meet with the
Assistant Attorney General (AAG) to review testimony and ask questions.
Inquire as to whether there is a standard list of questions for testimony
in this particular case and use them as a guide.
Make reference notes on note cards to use during testimony (opposing
counsel may ask to see any notes used to testify.)
·
Prepare a list
of potential witnesses, including witnesses that the parent or child might call
to support his or her case.
·
Be prepared and professional. Do
not allow opposing counsel to unnerve you. You know this case better than anyone and it is your
responsibility to clearly and effectively explain the Department’s position to
the judge.
·
If you do not know the answer to a question, say so.
If you do not understand a question, ask for clarification.
·
Do not answer a question if one of the attorneys objects to it.
You must wait for the judge’s ruling and answer only if the judge
overrules the objection. However, you must answer any question to which there is no
objection or to which an objection has been overruled.
·
Do not worry if the other lawyers insist that you give partial answers
to questions. The AAG will have a
chance to question you again after the other lawyers are finished.
You can explain or amplify your answers at that time.
·
Be as concise and as factual as possible. Listen carefully and only answer the question being asked.
Do not give excessive information.
·
Most importantly, tell the truth.
One
of the most important things to do when preparing for court is to notify the AAG
of the required witnesses for the hearing or trial so that they may be
subpoenaed and interviewed before the court date. A witness list must be completed and submitted to the AAG.
·
Identify all witnesses to be subpoenaed to court, including place of
business, address, telephone number and name of client known to or served by the
witness.
·
For witnesses who may have relevant records, note on witness list the
records requested and the subject matter of the records.
In some cases, a separate subpoena must be sent for records.
·
Court permission must be obtained before issuing a subpoena for
substance abuse records. Be sure to
alert the AAG in time to complete this requirement.
·
Let potential witnesses know as soon as possible that they may be
subpoenaed for a hearing, and the date and time for the hearing.
