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How to behave at the courthouse

Written by: Fran Brochstein

Reputation Level 15

Posted almost 3 years ago. 0 helpful votes, 0 comments

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Ideas on what to do

Turn off your cell phone and/or pager! When sitting in family law court do not rest your elbows on the tables at any given time. Sit up straight. Slouching is a signal that you don't care about what is going on and you'd rather be home or doing something else. Pay attention. Look interested. Take notes. If there is a court reporter is being used, be sure to be sure he/she can hear your answers. DON'T MUMBLE! Some judges wear hearing aides -- speak up! When addressing the Judge use the term “Your Honor”. Speak slowly and clearly. Look the Judge in the eye. Don’t “doodle” – you can write notes (keep them small so opposing counsel and the Judge can’t read them). Don’t talk while court is in session. Don’t roll your eyes or make faces. Don’t speak when someone else is talking. Do not chew gum or smack on candy.

Languagge in the courtroom

Don’t mutter under your breath. Don’t make threats. Don’t say “To tell you the truth…” – makes you sound like a liar ! No slang or expletives. No hysterical outburst or screaming -- anywhere in the courthouse. No snide comments. No snippy or sarcastic answers – If you are asked if you do drugs and you answer “yes” the transcription of the hearing will be “yes” even though you did not mean it! Don’t sigh and make noises. Do speak slowly & clearly Give concise answers – don’t ramble. Think before you talk. Be prepared to explain to the Judge why you want what you want. You can make notes to stay organized. Be prepared to have your notes entered into evidence if you use them when you testify – so don’t write anything on them that you don’t want the Judge to read. If the Judge instructed you to stop talking – stop talking! If you don’t understand, ask the Judge to explain it to you. Need an interpreter - ask at the beginning.

More ideas:

Be punctual - or better yet, be early. Don't bring books or magazines to read. Remain in attendance in the courtroom until excused. Stand when the judge (or jury) enters or leaves the courtroom. When the Judge calls your case, stand up and announce “present”. The Judge can only talk to you when all parties are present. Address others only by their titles and surnames, including lawyers, witnesses, and court personnel. Bring a note pad and pen to take notes. If you are thirsty, ask for a drink of water or bring a bottle of water with you. You will go through a metal detector before you can enter the courthouse – so no guns, knives, or mace.

Who can testify in court

Only people with first-hand knowledge (they personally heard, saw, smelled, etc.) can testify – if you have witnesses, bring them. A notarized statement won’t work!

Bring everything you might need -- don't leave it at home!

If you might need something, bring it to court with you. If you left your paperwork at home the Judge won’t wait for you to go home to get it.

Talking to talk to the Judge alone!

Don’t attempt to talk to the Judge without all parties present. The Judge cannot talk to you unless all sides are present. You don't want the other side talking to the Judge without you -- so you are held to the same rule!

Judges cannot give you legal advice

Judges cannot "help" you. You are held to the same standard as an attorney.

Visit the courtroom BEFORE your hearing!

I recommend that you go to the courtroom ahead of time and watch the courtroom proceedings. It will help you relax on the day of your hearing. It will give you an idea of how the courtroom and the judge operate. Most courtrooms are open to the public. If the baliff asks what you are doing, tell him/her that you are observing. If the judge is having a "closed" hearing, then no one is allowed in the courtroom. Most courtrooms begin working around 9am but some courts start earlier and some start after lunch.