Section 2.6. Ensuring the Right to Be Heard  


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  • (A) A magisterial district judge shall accord to every person or entity who has a legal interest in a proceeding, or that person or entity’s lawyer or authorized representative, the right to be heard according to law.

    (B) A magisterial district judge may encourage parties to a proceeding and their lawyers or authorized representatives to settle matters in dispute but shall not act in a manner that coerces any party into settlement.

    Comment:

    (1) The right to be heard is an essential component of a fair and impartial system of justice. Substantive rights of litigants can be protected only if procedures protecting the right to be heard are observed.

    (2) The magisterial district judge plays an important role in overseeing the settlement of disputes, but should be careful that efforts to further settlement do not undermine any party’s right to be heard according to law.