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A magistrate is a type of judge, although the term can refer to a different officer of the court depending on what country and legal system you're in, and what type of lawsuit is being heard. One of the most important rules of legal decorum is the correct title to use when you address a magistrate. There are slightly different ways to address a magistrate depending on if you are speaking directly to them or writing to them.
Steps
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Be on time to the courtroom. If you are a party or a witness involved in a court proceeding, you must be punctual. Court schedules or dockets are very busy and the magistrate's time is very valuable. Show your respect by arriving on time. [1] X Research source
- If you have an appointment or a meeting scheduled with the magistrate that isn't being held in the actual courtroom, you need to be on time for that as well!
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Stand when the magistrate enters and when they speak to you. When the magistrate enters the courtroom, a bailiff will likely address the court and order everyone in the courtroom to rise while the magistrate enters. Anytime the magistrate speaks to you, or you speak to the magistrate, you need to stand to address them. [2] X Research source
- Follow the commands of the bailiff. If they order the people in the courtroom to be seated, then take a seat.
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Speak to the magistrate only when you're called upon to speak. Do not stand up and directly address the magistrate or you could be held in contempt of court, and be taken away by the bailiff. The magistrate will address you and ask you to answer a question or if you have anything to say to the court. [3] X Research source
- Being charged with contempt of court can come with a hefty fine or even jail time, depending how the magistrate rules.
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Call the magistrate “Your Honor” when you're directly addressing them. When the magistrate addresses you and calls on you to speak, stand and refer to them as “Your Honor” in your statement or your answer to their question. If the magistrate asks you a yes or no question, answer their question with “Yes, (or no) Your Honor.” [4] X Research source
Tip: Answer their question before you ask your own or before you elaborate on your answer. The magistrate may allow you to explain your answer, but you must first answer their question.
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Refer to the magistrate as “The Honorable” in the third person. You may be addressed by the bailiff or by another member of the court and asked a question that requires you to mention something the magistrate said or ordered. If that happens, you need to use the title “The Honorable” when you refer to the magistrate in the third person. [5] X Research source
- For example, the courtroom clerk could ask you if a magistrate judge named Jane Smith gave you a deadline to submit a document, to which you could reply, “Yes, I was given until May 15th by the Honorable Smith.”
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Write a letter to the magistrate only when it is necessary. A magistrate is a very busy person who doesn't have time to read unnecessary letters. Save your correspondence to important matters like requesting a continuance for missing a court date, or requesting an extension of a deadline. [6] X Research source
Tip: Always end the letter thanking the magistrate for their time.
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Refer to the magistrate as Honorable (Name), Magistrate Judge. Always use the judicial honorific “Honorable” when addressing a magistrate directly in a letter, and end with their title, “Magistrate Judge.” For example, a magistrate named Jane Smith should be addressed in writing as, “Honorable Jane Smith, Magistrate Judge.” [7] X Research source
- If you don't address the magistrate appropriately, they may not read your correspondence at all.
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Shorten the title when writing about the magistrate to “Hon”. In the course of your letter, you may need to refer to the magistrate in the third person to explain something. Anytime you aren't directly addressing the magistrate, you need to abbreviate their title to “Hon.” [8] X Research source
- For example, if you were explaining a magistrate ruling to another party in the case, you would say, “As stated in the ruling from Hon. Smith…”
- Failure to address the magistrate correctly could prevent your correspondence from being entered into the court record.
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References
- ↑ https://www.magistratescourt.wa.gov.au/_files/Civil_factsheet_22.pdf
- ↑ https://www.magistratescourt.wa.gov.au/_files/Civil_factsheet_22.pdf
- ↑ https://legalbeagle.com/8118126-address-magistrate.html
- ↑ https://legalbeagle.com/8118126-address-magistrate.html
- ↑ https://legalbeagle.com/8118126-address-magistrate.html
- ↑ https://legalbeagle.com/8245178-write-letter-magistrate.html
- ↑ https://thelawdictionary.org/article/best-way-to-write-a-professional-letter-to-a-judge/
- ↑ http://www.fedcourt.gov.au/going-to-court/forms_address
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