Be prepared when JAMAICAN RM Court calls YOU

QUESTION: Dear Legal Wiz,
I had an issue in court, and could not find my documents in time. I lost the case.
RoseAnn

RESPONSE:
Dear RoseAnn,

In Jamaican court, you must always be prepared especially when going into the lower courts.
Sometimes from the moment the Resident Magistrate reads the plaint, (s)he has already made his decision, and nothing you really say will make a difference. This is so, even if the Plaintiff has fabricated her/his story.
An immediate bias develops and the RM processes you through that bias. You will then have to apply for the RM to recuse him/herself, but that has never happened in Jamaica, for a number of reasons, largely because the way the system is set up.
The point you need to remember at all times is there is a lot of advantage taken on the person who is not prepared, has no attorney, and is clueless on Jamaican Court proceedings. This is by both the Resident Magistrate and the Attorney who represents the other side.
What’s more is that it is the Resident Magistrate who takes the notes that are ‘legally’ recognised.
In some instances, there is an instant prejudice if someone who knows even the slightest about the law appears. The bottom line however is to be prepared and do the best you can, as when a Magistrate is out for you, he is just out for you. Bear in mind that if you decide to appeal any decision, you can very well be there for at least 3 years before the case is called up.

So what you do at the lower court is absolute importance.

Anthea

Author Profile

LegalWiz

... a team of professional experts, mostly Jamaicans, from varied fields including as priority paralegal, investigation, research, real estate, construction, arts (literary, visual, performing, culinary) and entertainment, certified Attorneys (civil and criminal law). Information is researched, then published, on this site, in the interest of the wider public.
Link me here
***
Click here for more about us