Address a Judge in Court

If you represent yourself in a legal matter, you will need to know how to address a judge appropriately. A judge has control in the courtroom and, in many civil cases, will make many decisions in your case. It is important to speak politely and maintain an even temper. In most cases, you will use the phrase "Your Honor" when you speak to a judge, but you should also know how to communicate yourself through body language and how you behave. These presentations are just as important as what you say to the judge. With a little preparation and attention to detail, you can learn to properly address a judge in court.

Steps

Speaking to the Judge

  1. Use polite language, a calm tone and reserved body language. Speak clearly and loudly enough to be heard, but don't shout.[1] Don't wave your hands or otherwise make unnecessary gestures when you are speaking to the judge.[2] Always speak politely and respectfully to the judge and all other court officials.[3]
    • Do not use any phrases that criticize the judge or anyone in the courtroom. Avoid using any words that can be interpreted as threatening toward anyone in the room. Do not use obscene language or slang.[4]
    • When answering questions, respond to “yes” or “no” questions with appropriate honorifics. In most cases it is important to say "Yes, your honor" or "No, your honor." Using "your honor" is the easiest way to show respect and avoid offending your judge.[5] Do not simply nod your head to answer a question.
    • Maintain your composure. If you start to lose your temper or get angry, ask the judge for a brief recess. Taking a few minutes to gather your emotions outside of the court's presence is better than yelling or getting angry in front of the judge.
    • Remember, a judge can hold you in contempt of court, meaning they can give you a fine or even put you in jail for speaking disrespectfully.[6] However, even if they do not, disrespectful behavior can tarnish your testimony and case. In extreme cases, a judge might even dismiss your claim.
  2. Stand whenever you address the court. When it is your turn to speak to the judge, rise from your seat. After you are finished talking, sit back down.[7]
    • This protocol shows that you are being respectful and also lets the judge know when you are done speaking.
  3. Make eye contact. Maintain eye contact at all times while the judge is speaking to you. This lets the judge know that you are paying attention to what he or she is saying.[8]
    • Also look directly at the judge when you are addressing him or her.[9]
  4. Use the correct form of address. When you get a chance to speak to the judge, use a form of address that conveys your respect for the judge. Judges should addressed using specific titles that convey the importance of their role.
    • If you did not get the opportunity to speak to the courtroom staff to get the judge’s preferred name, address the judge as “Your Honor.”[7]
  5. Do not interrupt. Do not interrupt or "speak over" anyone in the court, including the judge, other court officials, and other attorneys.[7] If you continuously interrupt the judge, he or she can excuse you from the courtroom.
    • Wait until you are invited by the judge or a court official to speak. Always stand when speaking.
    • When you address the court, begin by saying, “May it please the court, my name is ___” and then state your business.[5]
  6. Remember that you are addressing the whole court. The judge is a representative of the court. Courts act on their own authority, so do not word your questions or statements as though you are making a demand or giving an order.[9]
    • For example, do not say things like "The court's attention is directed to" or "The court should note." This sounds like you are giving directions for the judge and court to follow, which is not your place.
    • Instead, use phrases such as "May it please the court" or "The court's attention is invited to." This shows that you are asking to be heard, not making a demand.
  7. Ask for clarification. If you do not understand a question that the judge or other court official has asked you, politely explain that you did not understand. Do not answer a question until you understand what you are being asked.[10]
    • Make sure to keep any requests for clarification “I”-focused. For example, do not tell the judge that s/he did not explain something well enough. Instead, say something like, “I’m sorry, I do not understand that question. Could you explain [point of confusion], please?” Always be respectful and polite when asking for clarification.
  8. Thank the judge for listening. When you are done speaking, briefly thank the judge for his or her consideration of your remarks.[11]

Conducting Yourself Respectfully in Court

  1. Arrive early to speak to the clerk or court staff. Ask the court clerk or the bailiff in the courtroom how the judge prefers to be addressed.
    • Usually, the bailiff will be available before the judge arrives, and he or she will probably be in the courtroom where you are assigned.
    • If you wait until the judge is in the courtroom, you likely will not be allowed to approach the court staff.
  2. Wait to speak to the judge until you are spoken to. This is another way to be respectful to the judge.[12]
    • If you must call for the judge’s attention, wait until you can do so without interrupting anyone. Then stand and politely ask the judge, "Your Honor, may I be heard?"[13] If you are not acknowledged, sit down.
    • You may not approach the judge outside of the courtroom.[10]
  3. Behave quietly and respectfully in the courtroom. Do not eat, drink, laugh, talk, chew gum or tobacco, smoke, or otherwise interrupt the proceedings. In some cases, you may not read materials (such as a novel or e-book) that are unrelated to the court business. If you must address other parties, such as your attorney, do not use their first name.[14] Keep your body language polite and respectful at all times.[15]
    • Some judges are stricter than others about courtroom behavior. Always err on the side of respectfulness, especially if you don't know what the judge permits.
    • When in court, you should stay as still and quiet as you can. Don't nod or shake your head when others are speaking or when you are being spoken to. Do not put your feet up on tables or chairs. Do not cross your arms over your chest or put your elbows on the table. It is acceptable to take notes, but don't doodle or draw on your notepad. This can appear as disrespect.[9]
    • Do not communicate with spectators via gestures. Do not roll your eyes or make comments or gestures towards the other parties in the courtroom, including the jury or opposing attorney.[2] Any of these can be grounds for the judge to have you removed from the courtroom by the bailiff.
  4. Switch off your phone and put it away. Many courts enforce a total ban on cell phone use.[3] Judges are known to have defendants and lawyers who check their phones during a proceeding removed from the court.
    • Even if your cell phone is allowed, keep it silenced and out of sight. You do not want to come across as disrespectful or distracted.
  5. Ask your friends to be respectful. If you have friends or relatives in the audience, caution them against calling out, talking amongst themselves, or taking pictures, either inside the courtroom or outside.[16] The judge can have the bailiff remove them as well.
    • For example, one judge had a spectator removed from the Michael Jackson trial for taking pictures of jurors, even though he was outside the courtroom.[17]
    • Judges can also give spectators warnings, hold them in contempt, or even have them arrested in rare cases.[18]
    • If you have friends or family members who wish to address the judge, consult your lawyer about having them speak as witnesses.
  6. Do not interrupt the proceedings. If you hear something you disagree with, write it down so that you can address it when it is your turn to speak. Never speak in a hearing until you have been invited to do so.[4]
    • Do not make comments to yourself, even under your breath. You may be dismissed from the courtroom if you do so.

Preparing for Your Court Appearance

  1. Leave your children at home. Children are often not allowed inside the courtroom unless they are part of the case being heard. Even if you’re allowed to bring your children inside the courtroom, court hearings can be long and boring and can cause young children to misbehave. If you have children, find a babysitter for your court date.
    • Some courts offer free child care if you must attend a court date and cannot find child care. Check with your court to see if this is an option.[19]
    • If you cannot find a babysitter, bring another adult with you and ask them to remain outside the courtroom with your child(ren) during your hearing.
  2. Give yourself extra time to get to court. Court dates are not like appointments that you may miss and reschedule for later. If you miss your court date for a criminal case, you may be arrested. If you miss your court date for a civil matter, you may lose the case by default. You may also be held in contempt of court if you are late to or miss a hearing.[20]
    • If you have a valid, urgent reason why you cannot attend your court date, contact the courthouse clerk. You will probably need to file a petition or forms to request a date change.[21]
    • Remember that you will probably need to find parking if you have driven to the courthouse. If taking public transit, buses and trains can be late. Courthouses are often quite large and it may take you some time to find the correct courtroom. Give yourself plenty of time to find your way.
  3. Bring your files. You should bring a copy of all documents and files that are relevant to your case. Also bring a notepad and pen so that you can take notes if you need.
    • Make sure that you have your court notice document with you. This document will include the details of your Hearing Officer’s name, the date and time of your hearing, and (usually) who you should check in with before the hearing.[4]
    • Bring multiple copies of any documents and evidence you want to present. Usually, you should bring at least 3 copies of any document: 1 for you, 1 for the court, and 1 for the opposing side.
  4. Be prepared to go through security. Most courts require everyone who visits the court to go through a metal detector and a security checkpoint. To prepare for this, make sure that you do not have any weapons or other illegal or prohibited items with you when you arrive at court.
    • Obvious examples of things not to bring to court include firearms, alcohol, and illegal drugs. Other commonly prohibited items include pepper spray, mace, knives, and razor blades. Some courthouses may also prohibit items such as cigarettes and lighters.
    • Some courthouses do not allow scissors, nail files, glass containers, wallet chains, pocketknives or other sharp items.[4] If you would not be allowed to take it on an airplane, it’s a good idea to leave your item at home.
    • If you’re unsure whether something you’re carrying could be prohibited, leave it at home or in your vehicle.
    • In many cases, personal cameras, video cameras, and other recording devices are not allowed. If you’re unsure whether you’re allowed to bring your electronic device, contact your courthouse.[22]
  5. Dress appropriately for your court appearance. How you dress conveys your respect for the judge and the court. Being respectful is an important aspect of addressing a judge correctly and making a good impression on the court. Contact the court staff to ask about your court’s dress code requirements. These may also be posted on the court’s website. While official dress codes may vary, it is a good idea to dress neatly and conservatively.[23]
    • Ensure all of your clothing is neat, clean, and pressed/ironed. Do not wear stained or torn clothing to your court date. Make sure you have showered and made your hair neat.[24]
    • Avoid overly expensive or flashy clothing. Do not wear flip-flop (thong) sandals, tennis shoes or sneakers, or scuffed shoes. Avoid clothing with slogans or verbal messages printed on it. Avoid loud or bright colors and heavy patterns. Do not wear jeans, shorts, t-shirts, miniskirts, low-cut or see-through clothing, sleeveless tops or dresses, low-rise pants, or other revealing or informal clothing.[25]
    • Gender norms remain strong inside most courtrooms. If you are a man, wear a suit and tie if you have them, or a wrinkle-free button-up shirt and pressed slacks. If you are a woman, wear a dress or skirt and blouse if possible. Women may wear slacks or suits as well. Women should avoid heavy makeup and noisy jewelry.
    • Take a light jacket or sweater. Courtrooms may get cold, especially if you must wait for your hearing.
    • Unless you have a religious reason to do so, do not wear hats or headgear to court. You are allowed to wear religious headgear such as turbans, hijabs, and kippahs.[26]
  6. Eat before you go. Food and drink are rarely allowed in courtrooms. Eat something before you go to the courthouse so that you are able to concentrate on the court business.
    • If you must have something to drink while in court, you may ask the judicial assistant or court clerk for water.[4] Do not bring your own water to court.

Tips

  • If your lawyer is present at the hearing, let your lawyer do all the talking. It is usually in your best interest to not speak unless your lawyer or the judge instructs you to to do so.[27]
  • The protocols given here apply to United States court hearings. Other countries, such as Canada and the U.K., have very different protocols and ways of addressing court officials.

Warnings

  • This article should be considered legal information, not legal advice.
  • If a judge finds you in contempt of court, you can be fined or jailed. Criticism of a judge or the proceedings can be adequate grounds for a contempt finding.[28]

Related Articles

Sources and Citations

  1. ↑ http://www.avvo.com/legal-guides/ugc/courtroom-etiquette-101
  2. ↑ 2.0 2.1 http://knlawoffice.com/lawrence-ks-courtroom-decorum.htm
  3. ↑ 3.0 3.1 https://www.nycourts.gov/courts/5jd/lewis/supreme/Judge_Merrells_Rules_of_Courtroom_Etiquette.pdf
  4. ↑ 4.0 4.1 4.2 4.3 4.4 http://courts.delaware.gov/help/proceedings/docs/FCHearing_Chapter1.pdf
  5. ↑ 5.0 5.1 http://source.southuniversity.edu/courtroom-etiquette-how-to-behave-in-court-132066.aspx
  6. ↑ http://litigation.findlaw.com/going-to-court/civil-contempt-of-court.html
  7. ↑ 7.0 7.1 7.2 http://litigation.utahbar.org/50_tips.html
  8. ↑ www.courts.ca.gov/partners/documents/CommunicationTools.doc
  9. ↑ 9.0 9.1 9.2 https://www.1215.org/lawnotes/lawnotes/courtetq.htm
  10. ↑ 10.0 10.1 http://courts.oregon.gov/Multnomah/docs/FamilyCourt/HowToPrepareForYourDivorceLegalSeparationCustodyOrSupportTrial.pdf
  11. ↑ http://heleneltaylor.com/courtroom-composure-tips-for-your-courtroom-appearances/
  12. ↑ http://www.christopherwelchlaw.com/Steps-After-Arrest.aspx
  13. ↑ http://www.wsba.org/~/media/Files/News_Events/Publications/De%20Novo/denovo1210.ashx
  14. ↑ http://www.nynb.uscourts.gov/sites/default/files/courtroometiquette.pdf
  15. ↑ http://www.avvo.com/legal-guides/ugc/courtroom-etiquette-101
  16. ↑ http://www.ksd.uscourts.gov/in-the-united-states-district-court-for-the-district-of-kansas-standing-orner-no-88-1/
  17. ↑ http://www.startribune.com/lifestyle/216849651.html
  18. ↑ http://www.ydr.com/local/ci_26592266/courtroom-comment-lands-dover-spectator-jail
  19. ↑ http://courts.oregon.gov/Multnomah/General_Info/Family/pages/faq.aspx#qa7
  20. ↑ http://engagedscholarship.csuohio.edu/cgi/viewcontent.cgi?article=2793&context=clevstlrev
  21. ↑ http://www.mncourts.gov/selfhelp/?page=1616
  22. ↑ http://www.fairfaxcounty.gov/sheriff/courtsecurity.htm
  23. ↑ http://www.wsj.com/articles/SB10001424052748704554104575435683853964588
  24. ↑ http://www.minicklaw.com/courtroom-etiquette-how-to-dress-for-court/
  25. ↑ http://www.avvo.com/legal-guides/ugc/what-should-i-wear-to-court
  26. ↑ http://www.eeoc.gov/eeoc/publications/qa_religious_garb_grooming.cfm
  27. ↑ http://www.separation.ca/videos/court-protocol/
  28. ↑ http://criminal.findlaw.com/criminal-charges/criminal-contempt-of-court.html
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