What to Wear to Court – Not Pajamas

pajamasIf you are reading this, you likely have an upcoming court date and aren’t sure how things work – including what to wear.

Different courts have different rules, but across the board, it is important to dress appropriately and in a way that indicates your respect for the court.  If you are not attired properly, the bailiff (the court officer) could ask you to leave the courtroom until you have corrected your clothing issue. For example, in most courts, you are not allowed to wear hats, halter tops, midriff shirts, untucked shirts, low hanging pants or other attire that shows too much skin or is otherwise too casual for the courtroom.

A Clerk of Court in Pennsylvania recently had signs posted in the court room indicating that pajamas are not appropriate court attire.  Really!  Pajamas!  You would think that would be an obvious “what not to wear” but clearly, in that courtroom, it had happened one too many times.

So, what do you wear? A suit is nice.  But if you wear one or not, always be tidy and presentable. Men can safely dress in slacks and a button down shirt. Ladies can wear the same or a skirt (make sure it is knee length or just above – no mini-skirts, please) and low-heeled shoes.

Again, the overall tone is to show the court respect both by your actions and your attire.   Just keep the pajamas at home and you should be fine.

See the no-pajama article by clicking here.

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Social Media, Divorce and Inappropriate Marital Conduct

Divorce. It can be one of the emotionally painful experiences in one’s life. The urge to show your soon-to-be former spouse that you are “moving on” with a new love and out on the town instead of waiting at home for her or him to return can be quite powerful. Almost irresistible. Resist!

divorce cake FacebookAs an attorney, I guide my clients not to publish their “moving on” moments on facebook or other social media and just keep it off social media period.  Maybe your spouse may feel jealous of your latest loves after seeing you online going out night after night in downtown Nashville. Maybe not. But, your shared moments are well-documenting what the court would likely see as Inappropriate Marital Conduct – which is grounds for divorce in Tennessee. In other words, you are building a substantial case against yourself, selfie by selfie, all without your spouse or his/her attorney lifting a finger, other than saving the pictures to be used at trial.  And, even if you delete content in a dramatic effort to clean up your social media history, it is still discoverable.  Even deleted, once posted, it never actually goes away.  People have long memories.  The internet’s is longer, as in forever.

To read more on the impact of social media on divorce please click here.

Divorce is difficult enough without making it harder on yourself. Keep your social media clean and consistent with your position in the divorce. In the end, your attorney will be glad you did, and so will you.

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What To Wear To Court (not Pajamas)

If you are reading this, you likely have a court date on the horizon and aren’t sure how things work – including what to wear. It is good you are already getting ready for your court date and working on being prepared.

Different courts have different rules, but across the board, it is important to dress appropriately and in a way that indicates your respect for the court.  If you are not attired properly, the bailiff (the court officer) could ask you to leave the courtroom until you have corrected your clothing issue. For example, in most courts, you are not allowed to wear hats, halter tops, midriff shirts, untucked shirts, low hanging pants or other attire that shows too much skin or just is too casual for the courtroom.

pajamasA Clerk of Court in Pennsylvania recently had signs posted in the court room indicating that pajamas are not appropriate court attire.  Really!  Pajamas!  You would think that would be obvious “what not to wear” but clearly, in that courtroom, it had happened one too many times.

So, what do you wear? You don’t have to wear a suit, but being tidy and presentable is always a good idea. Men can safely dress in slacks and a button down shirt. Ladies can wear the same or a skirt (make sure it is knee length or just above – no mini-skirts, please).

Again, the overall tone is to show the court respect both by your actions and your attire.  Just keep the pajamas at home and you should be fine.

T. Leigh Hearn-Rushton

See the no-pajama article by clicking here.

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Filed under Court, Family Law, Litigation, Service of Process

I’ve been served with a Subpoena!

You’ve been served with a subpoena.  It requires you to produce documents/information and or to appear in court to testify on a certain date and time. What’s next?

subpoenaIf you are already have an attorney, contact her first and let her know you’ve been served. She will need the subpoena to evaluate it and your next steps. Time may be of the essence, so deliver it promptly to your lawyer.

Depending on the subpoena, you may be required to provide documents and give testimony, give testimony only or provide the information only without appearing in court.

Subpoenas are usually specific on what information or documents are required. It may require copies of the last few years of tax returns, the location of certain property, a detailed list of all real or personal property, lists of accounts payable, banking records or other financials. It is best to start collecting the requested information quickly. Some records may have to be requested from your banking or other institution and may take several weeks to receive, if not longer.

Your subpoena may require to you appear in court to provide testimony regarding the documents you’ve brought with you or a matter with which you are familiar. Perhaps you witnessed a domestic incident or saw a car wreck happen on your way to the gym. Either way, serving as a witness often means a few hours at court. Just because your subpoena states to arrive at 8:45am doesn’t mean you will testify at 9:15, 11:15 or even noon. The docket must be called for all the cases and motions to be potentially heard that day.  The hearings and/or trials are then held.  Yours could be one of them.  On the other hand, the case could settle and the matter resolved before you have to testify. You never know, so be prepared to be in court much of the day, just in case.

While appearing in court for your subpoena may make you nervous, it is okay. Follow your attorney’s directions and you will be fine!

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Filed under Civil Procedure, Family Law, Litigation

What if OJ had worn a Fitbit? – The use of Fitbit data in the courtroom

Fitibit_FlexAfter viewing part of the new OJ drama on television last night, I recalled seeing the white bronco drama unfolding on my own small television one summer law school.  The trial.  The glove.  The compliments on counsel’s hair.  The verdict.  It was fodder for a very hungry news machine.  As I watched the white bronco speeding down the highway again last night, I considered what the coverage of such an event would be now.  It would “telegraphed” by every iphone, tweet, Instagram, website, text, Snap chat, facebook post, blog and so forth now.  The frenzy would make shark week look like your kid’s fish bowl.

The media’s insatiable hunger for news has only increased and so has technology.  I awoke this morning to find yet another use of technology in the law.  Now your Fitbit could be used against you.  In other words, you may have the right to remain silent, but your Fitbit does not.

It counts steps.  It tracks your heart rate.  It knows when you are sleeping. It knows when you’re awake.  It can give an implication if you’ve been bad or good…. so be good for liability’s sake.

So, over coffee this morning, I marinated on this question, no matter what side of the verdict you were on, “What if OJ had been wearing a Fitbit?”

See the Forbes article by clicking here:

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Filed under Court, Litigation, technology in the courtroom

Dear Facebook. I want a divorce!

You may have started your relationship online but can you end it that way too? Yes, in New York, a woman served her soon-to-be former spouse with divorce papers via facebook.

facbook messages images

Here in Tennessee, one is typically “served” in person, through their attorney, or by leaving service of process with a person of suitable age and discretion who lives with the Defendant. Note that service of process procedures can and do differ by state. After all, one needs a head’s up if your spouse is divorcing you or you have some other pending legal action against you.

But what if you can’t find you former flame or even where they live? See the article below for a woman who found herself in this position for a number of years. The only thing she did know was that her husband regularly checked facebook.

Last year, a New York court allowed her to achieve service of process for a divorce by sending the documents via facebook. The social networking site even documents if the message was read and at what time. Imagine opening your facebook private messages to find you are being sued for divorce. It is taking “You got Served!” to a whole other (electronic) level.

Is service of process for a lawsuit by facebook the coming norm?

Unlikely. Service, even through a process server, is to ensure one has personal notice of a pending legal action. The key words here are “personal” and “notice”. Our system is designed to ensure you have adequate and proper notice of the legal action so that you can prepare a defense and/or otherwise address the issue at hand.

Again, in most cases and states, while this type of service won’t be accepted anytime soon, it is a little something for you to think about the next time you check your fb inbox….

See Washington Post Article here.

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Filed under Civil Procedure, Family Law, Service of Process