Courtroom Etiquette

Courtroom Etiquette

Courtroom Etiquette

Paul Bergman (Professor, UCLA School of Law) gives expert video advice on: How should I dress in court?; How should I address the judge?; How should I behave in court? and more...

Can I address opposing counsel?

People that represent themselves can address opposing counsel, but my term for that is you should always converse in the triangular. In other words, you address opposing counsel by talking to the judge, saying something like, "Your honor, opposing counsel has suggested that...", and then you say what opposing counsel has said and your response to it. You don't turn directly to opposing counsel, unless you're instructed to by the judge or you ask permission and the judge gives permission. You should always talk to opposing counsel through the judge.

Can I speak to the judge?

Parties can always speak to judges but they should ask for permission first. Often you might ask for a side bar and say something like, "Your honour, might we go off the record here", which means that the court stenographer will not record what is being said. It is up to the judge to decide whether or not to grant the request. So whether you are a party or a witness, before speaking to the judge, you should always ask for permission. And then don't start talking unless the judge grants permission.

What is contempt of court?

Contempt of court is a disrespect for the judge, often disobeying the court order. Let's say where the judge orders a party not to say certain things in court and they continue to say them, or where the judge orders a party to be in the court room on a certain day and, or a witness, and they don't show up on that day. Those kinds of disregarded judges orders are called contempt of court, and the judge might punish them, might institute punishment through a fine, or in serious cases, even jail time.