By Hon. Bernadette T. Clark, Supreme Court Justice
From my seat on the Bench, I see the courtroom not just as a place where legal disputes are heard, but as a theater of human experience where all citizens are provided with full, fair, and equal access to be heard.
Day after day, I watch individuals, some with attorneys and some representing themselves, step up to the podium microphone in my courtroom. Most of those people enter the courtroom carrying certain emotions about their case. They might be nervous about what will transpire, hopeful about their chances to right a wrong, or angry that they even have to be there. I also see different levels of preparation, with some litigants arriving very prepared while others are unprepared.
If you are coming to court, it is important to know that the process is about preparation, respect, and conciseness, not theatrical drama.
Most people only see the inside of the courtroom on television or in movies. Although the physical layout of a courtroom might be similar to what you see in the media, the way court proceedings are conducted can be vastly different. If you are coming to court, it is important to know that the process is about preparation, respect, and conciseness, not theatrical drama. With that in mind, here is a view from the bench on what you generally can expect to encounter when you come to court, whether as a party to a lawsuit or as a witness.
Before you enter the courtroom, you should be sure that you dress appropriately. You certainly do not need a suit, but you should avoid t-shirts, torn clothing, shorts, and hats. Your clothing choices, if appropriate, may send the message to the Judge that you take the matter seriously and respect the Court. Additionally, you should make certain that your cellular phone is turned off, as a phone ringing in court can create a disruption to the court’s ability to make an accurate record of the proceedings. Court staff will prohibit you from bringing food or drinks into the courtroom.
Once you arrive at the courthouse, be patient. In many instances, you may have to wait for your case to be called. Court dockets are crowded, and your case may be scheduled at the same time as other cases on the court’s calendar. While waiting for your case to be called, you may have the opportunity to hear other cases. If so, use that opportunity to observe courtroom procedures and prepare yourself for what to expect when it is your turn.
When you enter the courtroom, you are entering a space that demands decorum. Remember, this is not a town hall meeting or a casual encounter. As a Judge, I am required to establish a record of the proceedings and to make rulings based solely upon the evidence and the law, not upon passion or emotional pleas. Focus on the facts and evidence, not on your emotions.
If you have documents you wish to submit to the Court, make sure that you bring copies for the Court and the other party or parties. When presenting your arguments, be sure to focus only on the issues relevant to your case, remembering that emotional testimony or statements about how much you dislike another party to the lawsuit are rarely helpful to the Court. Most importantly, be respectful to everyone, especially to the court staff, whose work is essential to the operation of the court.
Ultimately, the best approach is to be prepared, organized, and respectful. A calm, well-prepared, and truthful participant in the courtroom will have a better experience and have a better chance for a good outcome than an individual who is unprepared, chaotic, or overly argumentative.
Some dos and don’ts while your case is being heard:
- Always stand when addressing the Court and address the Judge as “Judge” or “Your Honor.”
- Be organized in your presentation to the Court, tell the truth accurately, and get to the key points as quickly as possible.
- Answer the Judge’s questions directly, being sure to remain on topic.
- Never interrupt the Judge, an attorney, or another party when they are speaking.
- Maintain your composure when others are speaking, no matter how frustrated you may feel.
- Avoid making gestures such as rolling your eyes, shaking your head, or making faces, even if you disagree with what is being said.
- Remember, you will have the chance to explain what you think the other party or parties got wrong.
