What to Expect in Court

Going to court can be nerve wrecking for anyone. Knowing what to expect when you arrive may help to relieve anxieties which will in turn help you achieve a favorable resolution. Know where to go, who to talk to (and not talk to!), what to do, and how to do it.

Though expectations vary depending on what type of proceeding you are attending, some general expectations apply to all court appearances such as what time to arrive, going through security, and what may happen when court begins. Here, I will review some of those generalities and a bit of what you can expect in civil or criminal district court.

Disclaimer: This post applies only to the 43rd Judicial District. Other districts, including EBCI Tribal Court, may differ greatly.

Going to Court

Be on time! In the 43rd Judicial District (Cherokee, Clay, Graham, Haywood, Jackson, Macon, and Swain County) court begins at 9:30 AM which means you need to be seated at that time. Plan to arrive at the courthouse early enough to find parking, go through security, run back out to the car when you realize your forgot something (surely I’m not the only one who that happens to), use the restroom, and find the correct court room before you must be seated. You may notice on your summons or a notice of hearing that the time for court is 8:30 AM. My theory is that this time is listed to ensure you are on time.

Why am I stressing the importance of being on time? The answer depends, in part, on what type of case participant you are. If you are a plaintiff in a civil matter, but you are not in the court room when your name is called, your case may get dismissed. If you are a criminal defendant, you may be “called and failed,” a warrant for your arrest be issued, and a secured bond set. You will save yourself a lot of stress and further problems by ensuring you are present and seated in the court room before court begins.

Parking and Security

Parking and security can be a nightmare. When practicing in Henderson County, I would often circle the court’s packed parking lots multiple times before giving up and venturing off to find street parking half a mile away. After enduring the hike to the courthouse I would see a line of people stretched across the parking lot waiting to get through security. Thankfully, that has not been my experience in the 43rd Judicial District. Parking tends to be fairly easy to find (especially in Haywood County since they have a parking garage!) and the lines to get through security rarely extend through the entrance doors no matter which county I am in. Still, allow yourself enough time to find parking and get through security as though you are attending court in Henderson County. Better to be early than to be late.

Getting through security is as easy as you make it. Plan to empty your pockets and remove belts. Your items will go through a security check, so the less you bring with you the quicker it will be. Most courthouses have a metal detector for you to walk through as well. Make sure your pockets are empty or you will hold up the line to pass through again. Once cleared, you will collect your belongings and be on your way. This is a good time to ensure your cell phone is silenced or turned off as is required in the court room.

Calendar Call

“Calendar Call” normally occurs at 9:30 AM. This means that all of the parties’ names in each case to be heard will be called by the judge (if a civil matter) or by the prosecutor (if a criminal matter). When your name is called, you must stand up (if able) and tell the court that you are present. If you have an attorney present, the attorney will speak for you. Calendar Call may be relatively quick if you are in civil court and there are not many matters on the calendar. In criminal court, Calendar Call can last up to a couple of hours depending on how many cases there are. The order in which names are called also depends on whether you are in civil or criminal court. Unlike in civil court, the calendar in criminal court is called alphabetically. So if your last name starts with a letter at the end of the alphabet, and you arrive late to court, you may luck out and still hear your name called. But don’t be late. In civil court, cases are neither ordered by party name nor by case number, so be attentive or you could miss when your name is called.

During Calendar Call, no discussions regarding the facts of your case are going to occur. Calendar Call is simply the court taking attendance. However, it may also be used to address quick matters such as your plan for counsel if you are a criminal defendant, for motions to continue, or to advise the court that the case is ready for trial or the parties intend to negotiate a consensual resolution.

If you are a criminal defendant attending your first hearing, you will be advised of your right to counsel and asked whether you are going to (1) represent yourself, (2) hire your own attorney, or (3) request a court-appointed attorney. Your answer to that inquiry is the only thing the court wants to hear from you at that time. Not only will the court not entertain other discussion, but you will be delaying the already long and sometimes arduous process of Calendar Call, you may annoy the judge and the prosecutor (individuals you probably prefer to make a good impression in front of), and you may incriminate yourself. Do everyone a favor and stick to the script: “I am representing myself,” “I am hiring my own attorney,” or “I am requesting court-appointed counsel.” An exception to this rule applies when you want court-appointed counsel and are already represented by an appointed attorney in a separate pending case. If so, let the court know you have court-appointed counsel in another matter and would like an attorney appointed to your present case. You may save yourself and the court time going through the application process. More on that application below.

If you are a criminal defendant and you plan to represent yourself, or proceed pro se, you will be required to sign a form waiving your right to counsel, and the facts of your case may be addressed after Calendar Call or you can ask for a continuance if you need one. You must sign the waiver before the prosecutor is permitted to speak with you. Similarly, if you have, or plan to hire, a private attorney, you will be required to sign the same waiver, and your case may be continued to allow you time to retain counsel if you have not already done so. Lastly, if you plan to request a court-appointed attorney, you may be required to fill out an application so the judge can determine whether you meet the financial requirements. If you need to sign a waiver or fill out an application for court-appointed counsel you will be instructed to approach the clerk to do so either immediately or when the court takes a short break (usually ten or fifteen minutes) after Calendar Call. Either way, the court will guide you with what you need to do, so you do not need to guess and you definitely do not need to (and should not) approach the prosecutor or the front of the court room to figure it out.

Pro tip: If you plan to apply for counsel, print and fill out your application before court, and when you tell the court you want court-appointed counsel, your application will be ready for the judge’s review, and you will get out of court quicker.

How Long Will Court Take?

In true lawyer fashion, my answer to that is “it depends.” If your case is going to be continued during Calendar Call, then you are a lucky duck and may be on your way before noon. Of course you may be required to stick around long enough to sign a waiver of counsel or to apply for court-appointed counsel and hear the judge’s decision on whether you qualify, but that is a quick day in court. If you are in court for a civil matter such as a Domestic Violence Protective Order (DVPO), and have reached an agreement with the other party to enter a Consent Order, or if the other party did not show up, your case could be resolved before the court breaks for lunch. If your criminal or civil case is to be tried by the court or you plan to enter a plea, your case will be “held open” and you could be there until 5:00 PM. My deepest and most sincere condolences to you, but criminal trials and pleas tend to be heard after the court takes a lunch break. The same is true with civil trials if the calendar is full enough. Moreover, if your attorney practices in multiple counties and starts their day in a county other than yours, you could end up waiting even longer. 

Keep in mind that you are not permitted to have cell phones out in the courtroom, so you may opt for bringing a book or crossword with you to curb the boredom.

In conclusion, going to court can be a long and stressful event for anyone. Being prepared and knowing what to expect is the best way to alleviate some of that stress. If you have questions that I have not answered in this post, you may find helpful information on the North Carolina Judicial Branch’s website or you can leave a comment below.

For comments, please do not include case- or client-specific information. The attorney-client privilege is yours. Protect it.