For many people, the idea of going to court brings up images from TV shows or movies: dramatic speeches, stern judges, and intense cross-examinations. But in real life, a courtroom is a very formal, yet much more predictable, place than what you see on screen as a divorce lawyer can attest.
While court is nerve-wracking, it’s not the terrifying place TV and movies make it to be. It’s a formal setting with its own rules and traditions that can feel intimidating if you’ve never been there before. Remember, most legal disputes are settled before ever reaching a trial in court as our friend Amanda at Flat Fee Divorce Solutions can explain. However, if your case does require a court date, whether it’s for a quick hearing or a more involved proceeding, knowing a bit about the process can make a world of difference.
What Happens Before You Even Step Inside?
Even before you enter the actual courtroom, there are usually a few steps:
- Security Check: Just like at an airport, most courthouses have security. You’ll go through a metal detector, and your bags will be X-rayed. Leave anything that could be considered a weapon (even small pocket knives) at home or in your car. This is standard procedure for everyone’s safety.
- Finding Your Courtroom: Courthouses can be large and confusing. Your attorney will tell you which courtroom you need to go to (e.g., “Courtroom 3B” or “Judge Smith’s Courtroom”). Arrive early so you have time to find it. Look for signs, or ask a security guard or clerk for directions.
- Inside The Courtroom: Procedures and People
Once you’re inside the courtroom, here’s a breakdown of what you might see and how things generally work:
- The Judge: This is the most important person in the room. They sit at the front, usually on a raised platform called the “bench.” The judge is in charge of the courtroom, makes decisions about legal issues, and keeps order.
- The Courtroom Clerk: Often sits near the judge. This person manages the paperwork, keeps track of exhibits (evidence), and sometimes helps swear in witnesses. This person controls the judge’s calendar, and might check you in.
- The Court Reporter: This person types everything that is said during the hearing or trial. What they type becomes the official record of the proceedings.
- The Bailiff Or Deputy: This law enforcement officer keeps order in the courtroom and helps the judge. In some courthouses they are watching through security cameras.
- The Witness Stand: A small area where witnesses sit when they are giving testimony.
- The Jury Box: If there’s a jury trial, the jurors (the people who will decide the case) sit here.
- Tables For Attorneys And Parties: There will be tables for each side of the case. You will typically sit with your attorney at their table.
- The Gallery: This is where members of the public, family, and friends sit to observe the proceedings.
Courtroom Etiquette How To Act And What To Say
Knowing these simple rules can help you feel more confident and show respect for the court:
- Dress Appropriately: Think “business casual” or “Sunday best.” This means clean, neat clothing. Avoid shorts, t-shirts, hats, ripped jeans, or anything too revealing. Your appearance shows respect for the court.
- Arrive Early: Always plan to be at the courthouse at least 15-30 minutes before your scheduled time. This accounts for security checks, finding your way, and meeting your attorney.
- Silence Your Phone: Turn off your cell phone or put it on silent before entering the courtroom. Do not text, make calls, or play games during proceedings.
- Stand When The Judge Enters/Exits: When the judge walks in or leaves the courtroom, everyone usually stands as a sign of respect. The bailiff will often announce, “All rise!”
- Address The Judge Respectfully: Always refer to the judge as “Your Honor.” Do not interrupt the judge or argue with them.
- Speak Clearly And Truthfully: If you are called to speak or testify, speak loudly and clearly so everyone, including the court reporter, can hear you. Always tell the truth. But, only talk when its clear it is your time to talk.
- Answer Only The Question Asked: If you are testifying, listen carefully to the question. Answer only that question, and don’t volunteer extra information unless your attorney advises you to.
- No Talking In The Gallery: If you are just observing, do not talk, whisper, or make any noise. Most courtrooms are recorded and whatever you say in a courtroom can come back to haunt you.
- Refer To Others Formally: If you need to mention someone, use their proper name or “the opposing counsel” rather than casual terms.
- Remain Calm: Court can be emotional, but try to stay calm and respectful. Avoid outbursts, shouting, or disrespectful gestures. If you feel overwhelmed, quietly signal your attorney.
- Follow Your Attorney’s Lead: Your lawyer is your guide. They will tell you when to stand, when to sit, and when to speak. Trust their instructions.
Don’t leave the courtroom while someone is on the stand, while the judge is talking or an attorney is arguing.
While the courtroom can seem daunting from the outside, remember it’s a structured environment designed to resolve disputes fairly. With your attorney by your side, you’ll have a clear understanding of what’s happening, what’s expected of you, and how to navigate the process with confidence. Every attorney and judge knows that you are nervous and it’s okay. But don’t let the unknown scare you; instead, let preparation empower you. Contact a lawyer to prepare for your case today.