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In this lesson, you will learn about courtroom seating, courtroom procedures, and how to address the judge during the hearing.
Courtroom procedures
- When in doubt about where to sit, ask the bailiff or other staff.
- The judge will usually start with the party whose motion the hearing was called on
- Refer to your opponent respectfully as “my opponent”, “plaintiff”, “defendant”, etc.
- Don’t interrupt during your opponent’s argument.
- If your opponent is making a fool of himself, let him. Don’t respond with facial expressions.
- Be respectful, candid, and trustworthy. Be respectful of the judge.
- If you must talk while the judge is on the bench, whisper. Otherwise, don’t talk.
- Ask if you can approach the bench (the judge).
- Thank the judge even if you don’t like his decision.
- Address the judge as “Your Honor”.
Transcript
Typically, the plaintiff is seated to the judge\’s right and defendant to the left, but that might vary.
In some courts, the plaintiff may be seated nearest the jury.
When in doubt, ask the bailiff or other staff.
Or if possible, let the lawyer for your opponent go ahead of you, and take the seat opposite them.
Be silent when you enter the courtroom.
When the judge enters, the bailiff might say, \”All rise\”. You should stand. Sit when the judge tells you to.
When the judge or bailiff calls your case, move to the attorney\’s seating.
When asked if you\’re ready, say \”Yes, your honor. The [plaintiff or defendant] is ready.\”
The judge will usually start with the person whose motion the hearing was called on. This doesn\’t always happen with pro se litigants. So you might have to be politely assertive if it looks as if the hearing is going on too long without your input.
Talk to your opponent through the judge.
To get papers to the judge, ask to approach the bench or hand it to the bailiff.
Speak clearly and loud enough so that your voice reaches the judge.
Refer to your opponent respectfully. Refer to them as \”my opponent\”, or \”plaintiff\” or \”defendant\” as appropriate, or \”opposing counsel\” or \”[plaintiff\’s or defendant\’s] attorney\”.
Don\’t interrupt during your opponent\’s argument.
If your opponent is making a fool of himself, let him.
Don\’t respond with facial expressions.
Be respectful, candid, and trustworthy.
Be also very respectful of the judge.
If you must talk while the judge is on the bench, whisper. Otherwise, don\’t talk.
Ask if you can approach the \”bench\”, the judge.
Thank the judge even if you don\’t like his decision. And address the judge as \”your honor\”, not sir or ma\’am.
Again, be candid and trustworthy and don\’t interrupt while the judge is speaking.
Exception: When the opposing attorney and the judge are buddy-buddy talking across you, politely interrupt to let them know you\’re still there.