Where Do I Sit in the Courtroom?

Introduction

Preparation for trial is not just about the legal arguments and evidence - it also involves knowing the basic practicalities of attending court. In this article, Hamshaw covers some of the basic questions that most clients ask about attending court.

Finding the Court

Before the trial, ensure that you know where the court is, and how to get there. Plan to be there much earlier than you need to be, because there are often delays at the doors (e.g. with x-ray scanners, and metal detectors, like in airports) and it can be easy to get lost in court buildings.

Where to Sit in Court

In civil trials, the claimant occupies the left side of the courtroom as you stand looking at the Judge, and the defendant occupies the right.

Lawyers will sit at the front of the room, closest to the Judge, and the other participants (i.e. witnesses, clients) will sit at the back of the room until it is their turn to participate.

Barristers will sit in front of solicitors, since they are the ones speaking to the Judge.

If King’s Counsel (KC) is instructed, they will sit in the row of tables closest to the Judge, and their ‘junior’ barrister will sit in the row behind them. Solicitors and clients will then sit in the row behind that.

If only a ‘junior’ counsel is engaged, the front row will be left empty, and the solicitor and client will still sit directly behind counsel.

There will be some court staff sat immediately in front of the Judge, facing towards the parties rather than towards the Judge like everyone else. They will not take an active part in the proceedings, but will instead assist the Judge when needed with administrative matters.

How to Behave in Court

Observing proper courtroom conduct is essential to avoid the Judge becoming distracted or disgruntled.

When the judge enters or leaves the court, the usher will state “court rise,” and all those present must stand up in respect for the court (who is represented by the Judge).

Attendees other than the barrister(s) must remain silent and composed at all times, avoiding any reaction to evidence or submissions. Judges will notice facial expressions, gesticulation, and body language. Judges never find it helpful to see a person rolling their eyes, sighing, or shaking their head.

Addressing the Judge correctly is helpful (although most won’t mind being addressed incorrectly by a lay witness, providing the mode of address is polite). High Court Judges should be referred to as "My Lord" or "My Lady," Circuit Judges and Recorders as "Your Honour," and Masters and District Judges simply as "Judge." Your solicitor will be able to help you understand what type of Judge you have.

What to Wear to Court

Your clothing should be formal and subdued, with dark suits preferred with white, light blue, or light pink shirts and muted ties. Jackets and ties should not be removed unless the Judge gives express permission. Eating and drinking in the courtroom is prohibited, except for water provided to counsel and witnesses. Mobile phones and electronic devices must be switched off unless the court has granted specific permission for their use.

Talking During the Hearing

If you need to say something to the legal team during a hearing, you should pass a note. Notes should be passed discreetly, and only if a point is urgent. Excessive interruptions can be very distracting for those who are trying to concentrate on addressing the Judge!

Where possible, any observations, comments, or compliments should be saved for breaks. If an issue cannot wait, make sure the note is clear and give it to the solicitor - not the barrister - where possible. If the solicitor decides not to pass the note on to the barrister, this means that the point is not urgent or has already been covered: do not repeat the note.

Documents for the Judge should be handed to the usher or the judge’s clerk rather than directly to the Judge. Copies of any documents submitted must be provided simultaneously to the opposing party.

The Timetable for a Typical Court Day

Most courts sit from 10:30 AM to around 4:00 or 4:30 PM, with a one-hour lunch break. Some Judges prefer an earlier start, particularly for cases with no witness evidence. Breaks may be granted mid-morning or mid-afternoon, but these are at the Judge’s discretion. It is rare for the Technology and Construction Court to sit in trials on Fridays: instead, other (non-trial) hearings are dealt with on Fridays.

The trial timetable is typically agreed upon in advance. It will usually begin with opening submissions from the claimant, followed by the defendant’s opening submissions. In some cases, Judges may request written opening submissions, and even where they do not, the lawyers might prepared them out of prudence.

Following this, the Judge may take reading time before hearing evidence. The usual order of evidence is claimant’s witnesses of fact, defendant’s witnesses of fact, claimant’s expert witnesses, and defendant’s expert witnesses. Closing submissions are generally presented by the defendant first, followed by the claimant. In the TCC, the defendant may be given the final word, although the claimant retains the right of reply. Written closing submissions are often requested, and even where they are not, preparing them can be beneficial.

In TCC proceedings, oral opening statements are generally brief, if they are required at all. After evidence has concluded, oral closing submissions are typically made first by the claimant, followed by the defendant, with the claimant having a final reply. In complex cases, written closing submissions are normal. Any time required for preparing these will be factored into the trial timetable.

Witnesses Under Oath Overnight

If a witness is still giving evidence at the end of a court day, they will remain under oath during the overnight break in proceedings. The same is the case over lunch, and over the weekends. Such a witness must not discuss the case with anyone until their evidence is complete - including their legal team. This applies even to casual conversations that could be perceived as influencing their testimony. The best approach for such a witness is not to speak to their legal team at all, nor to be in a room alone with their legal team (i.e. where representatives of the other side are not present).

Conclusions

Appearing in court for a hearing can be a daunting experience. Even the most experienced businessmen will feel uncertain of where to sit, what to say, and how to behave. A good lawyer will be able to explain everything and put minds at ease in advance, and will narrate, remind, and guide throughout the process. It is therefore important to have a lawyer by your side with experience of conducting, and winning, hearings. If you are facing the possibility of attending court in a construction, engineering or property dispute, contact Hamshaw today.