Preparing to appear in court

Posted July 25, 2017

Regardless of who you are, you may someday find yourself in a court of law. You may be only a witness to a case, but you might become a plaintiff or defendant.  The judge and/or the jury will be paying close attention to the way you act, look and respond to questions. The outcome of your case could boil down to these factors.

Here are some suggestions will help you prepare for your court appearance.

  1. Always be early. This shows respect for the judge, jury, and other parties in the case.  You will be inconveniencing a whole group of people if you are late, and that could work against you in your case.
  2. Don’t take your attitude to court.  Avoid making faces, gestures and noises while the judge, opposing party or attorney is speaking. Judges and juries watch for this and do not appreciate it.
  3. Wear appropriate clothing.  My mother constantly reminded me that “you only have one chance to make a first impression.” Don’t squander that chance. A man should wear a nice pair of pants, a jacket and a tie. A woman should wear either a nice, modest skirt or nice pants with a modest blouse. You could also wear a dress that is not tight fitting, too short or too low cut. It is never appropriate to wear jeans, flip flops, shorts or other casual clothes in court. Your attorney or the attorney who is calling you as a witness can give you additional suggestions if you still need help with this.
  4. Let your lawyer do the talking for you.  Never speak in court until you are asked to do so by the judge. If you don’t have an attorney, ask the judge when you will have your turn to speak.
  5. Address the judge as "Your Honor.” There is no other appropriate way to address him/her.
  6. Always stand up when the judge or jury comes into the courtroom. 
  7. Always be respectful. Be sure to thank the judge when you are finished speaking.
  8. Always be polite to the judge, the lawyers, the opposing parties and the witnesses.  This will make a good impression.
  9. Speak only when you are spoken to. You should not speak to the opposing lawyer or opposing client when you are in court.  If you have a lawyer, write a note to your attorney when you think of information or questions you want him/her to ask. If you don’t have an attorney, address all of your questions or comments to the judge, not to the opposing party or her lawyer.
  10. Take notes. Always have a notebook or legal pad and pen with you.  You may need to make notes about what someone said that you don’t believe is true or questions that you think your attorney should ask. Your lawyer will be juggling witnesses, facts, exhibits, etc., and may not be able to keep notes while doing so.  Keep your notes so that you can refer to them.
  11. Do not take children or a large group of family members into the court room unless your attorney tells you to do so.   As a general rule, children should not hear what goes on in that room. If you are a shy person and need someone to support you, pick one mature adult to be there with you.  If you will be in court over a divorce, modification or other family law case, you should NOT bring your new boyfriend or girlfriend.
  12. Be prepared. Make certain that you bring all relevant documents with you. It’s always better to have too many documents than not enough!
  13. Bring a book to read because the judge may have emergency cases to handle or there may be other delays in your case; your book will give you something to do besides worry while you wait. 

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