What does it mean when the magistrate says “what would you like to do?”

There have been a number of people in court situations where the magistrate/judge has asked “so what would you like to do?”.

This is a significant statement and offers several clues to your current situation, some you may have missed.

The bottom line is the magistrate/judge is giving you a big helping hand (at least a temporary one).

This statement is indicative of a missing step in your process or your ongoing actions in court. You may have even resolved the matter without knowing it eg through your process that shows agreement.

To be clear the magistrate cannot give you legal advice, but can make “teasing” statements/questions that might indicate the court is awaiting some key action from you in order to move forward or even close out a proceeding.

For example, if there is agreement via an administrative process or claim, yet the prosecution continues to argue and distract  (as this is their job), the court may be waiting for you to move the court in some way. For everything you do in court there needs to be some next step or some action associated with your presence in court. 

Some examples might be:

I require you to discharge the case against MR BOB JONES.

I now move this court to dismiss the charges…

I require that the plaintiff take the stand to…..

and there will be an unlimited other possibilities. ….. but they will be an ACTION of some kind.

One way to align the reasons you’re going to be AT court is to send the plaintiff/prosecutor and the clerk/magistrate a conditional acceptance of hearing that states the conditions for appearing specially. It is these conditions that form those items you’re there for and hence help you define the actions to reach those conditions.

So whenever you become stuck as to the next step – refer back to the reaons you’re there, staring you in the face.

The opposite party then has an obligation to respond to your conditional acceptance whether in writing, phone call or some action before the hearing, usually they will not.

More in the next post.