how can a lawyer approach the judge's bench

Since the bench area is the sacred territory of the judge the attorney must ask permission as "may I approach the bench," or simply, "may I approach." If the judge consents, then opposing counsel must be allowed to come forward and participate in the conversation.

Full Answer

Why do lawyers have to ask the judge to approach the bench?

ELI5: Why do Lawyers have to ask the Judge "Your Honor, may I approach the Bench?" It's a formality and a way of showing respect for the court. In general, lawyers are meant to stand at the podium or sit at counsel's table.

What is a bench in law?

The bench is not a chair, but the large desk behind which a judge sits at the front of a courtroom. It is also a metaphor for the judge's role in a court proceeding.

How do lawyers talk to the judge in court?

At the podium, lawyers are on the microphone and on the record. If lawyers want to talk to the judge off the record, they have to ask, and the request and approval is recorded in the transcript. The space in front of the the Judge's bench is called the Well. This is normally the area between the plaintiff/defendant tables and the bench.

What does it mean to approach the bench?

v. an attorney's movement from the counsel table to the front of the bench (the large desk at which the judge sits) in order to speak to the judge off the record and/or out of earshot of the jury. Since the bench area is the sacred territory of the judge the attorney must ask permission as "may I approach the bench," or simply, "may I approach."

How do lawyers approach bench?

The bench is the large, raised desk at the front of a courtroom behind which the judge sits. When a lawyer asks to “approach the bench,” he or she is asking the judge's permission to literally step closer to the desk to speak with the judge outside the hearing of the jury.

What is approaching the bench?

approach the bench. v. an attorney's movement from the counsel table to the front of the bench (the large desk at which the judge sits) in order to speak to the judge off the record and/or out of earshot of the jury.

How do you win a judge's favor?

How to Persuade a JudgeYour arguments must make logical sense. ... Know your audience.Know your case.Know your adversary's case.Never overstate your case. ... If possible lead with the strongest argument.Select the most easily defensible position that favors your case.Don't' try to defend the indefensible.More items...•

What Does Your Honor may we approach mean?

“Your Honor, may I approach the witness” – an attorney must ALWAYS ask the judge. for permission to approach a witness for any reason. “Let me show you what has been previously marked as Exhibit # __, can you identify. that document?” –

Can lawyers approach the bench?

An attorney may approach the bench in order to have a conversation with the judge and opposing counsel off the record and/or out of the jury's earshot. An attorney or juror must obtain permission from the judge to approach; e.g. "your honor, may I approach the bench?" For example, in People v. Maher, 89 N.Y.

How do you approach a judge?

Wait to speak to the judge until you are spoken to.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?" If you are not acknowledged, sit down.You may not approach the judge outside of the courtroom.

How do you deal with difficult judges?

Advocate by pointing out any contradictions the judge's ruling may have with legal precedent and the practical impact the court's ruling may have on your case and other similar cases. When you've made your points (and your record), quit before the judge turns angry or hostile.

What should you not say to a judge?

8 Things You Should Never Say to a Judge While in CourtAnything that sounds memorized. Speak in your own words. ... Anything angry. Keep your calm no matter what. ... 'They didn't tell me … ' ... Any expletives. ... Any of these specific words. ... Anything that's an exaggeration. ... Anything you can't amend. ... Any volunteered information.

Do judges favor certain lawyers?

Of course they do. Humans are humans, and humans have preferences. People are going to like certain people more than others just as they prefer certain flavors of ice cream over others.

How do you impress a judge in court?

Be clean.Be clean. It is important to wear neat and clean clothes when you are going to court. ... Stand when the judge enters the room. ... Address the judge as 'Your Honor. ... Be audible. ... Use proper language and speak in complete sentences. ... Prepare before every hearing. ... Be polite and respectful. ... Be punctual.More items...

Can a judge refuse to look at evidence?

The answer is yes he could. It doesn't mean it's the right decision, but since the Judge controls everything that happens in the courtroom, he controls what comes into evidence. If the judge makes the wrong decision and I ultimately lose the case, I can appeal on that precise issue.

What to say when you don't want to answer a question in court?

Unless certain, don't say “That's all of the conversation” or “Nothing else happened”. Instead say, “That's all I recall,” or “That's all I remember happening”. It may be that after more thought or another question, you will remember something important.

What happens if a judge makes a ruling during a sidebar?

If the judge has made a ruling during a sidebar and now permits certain testimony to come out or certain evidence to come in , the attorney who winds up being on the losing side of that particular issue now has an obligation to ask the judge to put that conversation on the record.

What happens when a judge makes a decision about a legal issue?

Once the judge has made a decision about the legal issue, he will then ask the attorneys to step back and then place his ruling on the record. The jury is never made privy to what the legal issue is or the legal argument for or against.

What is the downside of sidebar conversation?

The downside to having a sidebar conversation is that whatever the judge decides based upon the conversation with the attorneys at the bench, the details of that conversation are not recorded anywhere.

What happens when you observe a medical malpractice case?

If you are a litigant or an observer who comes into court and are observing a medical malpractice case, or a car accident trial or even a wrongful death trial, there will be instances during the course of testimony where one attorney will make an objection and the opposing attorney will ask the judge for sidebar.

What is the purpose of jury duty?

The jury's entire focus and entire goal is to evaluate the testimony and evidence in order to determine whether someone was careless, and if so whether that carelessness, or negligence, was a substantial factor in causing or contributing to injury .

Why won't the jury appreciate a case?

The judge will not appreciate it. The jury will certainly not appreciate because it disrupts the flow of testimony. In some instances, an attorney will use this strategy intentionally to disrupt his adversary's flow. What's important to understand is that the jury plays no part in evaluating or deciding legal issues in the case.

How long does a judge's brief discussion last?

This conversation can last seconds or even a few minutes. It can resolve an important point and allow you the ability to make your point.

How to prepare for bench trial?

Prepare to Be Flexible. Knowing and understanding your audience in a bench trial often goes hand in hand with being flexible. There are some peculiar aspects of a bench trial that you should not let throw you off your game. For instance, a judge may be a little more lenient with the rules of evidence in a bench trial.

What happens if you disagree with a ruling from the bench?

In this circumstance, if you disagree with a ruling from the bench, it does little to no good to argue your position. Make sure that you preserve your objection and move on with your case. During bench trials, a judge may stop an attorney mid-examination of a witness to ask the witness a question.

What is creative argument in a bench trial?

In a bench trial, there is ample opportunity to present the court with arguments throughout the pretrial proceedings. For instance, a party may raise a creative argument in hopes of obtaining an order granting a motion to dismiss or motion for judgment on the pleadings.

What is bench trial?

Unlike a jury trial, in which you cannot be certain about the dynamics of the jury or the outcome of a trial, a bench trial presents the parties with a unique ability to peek behind the curtain. The latest decisions rendered by a judge are a roadmap to your success.

What are the two types of trials?

There are two different types of trials —jury trials and bench trials. A layperson likely associates most trials with a jury because of popular television show references such as Law & Order and The Good Wife. Although jury trials receive more attention than bench trials , it is important that bench trials are not overlooked.

Why is a pretrial brief important?

A thoughtful pretrial brief offers a great opportunity for you to educate the judge about your case as well as persuade the judge to view the facts from your point of view. For this reason, it is important that lawyers are careful to refrain from employing implausible arguments. Preserve your credibility with the court.

Why is a law clerk important?

Law clerks are very important to the legal process because they are the liaisons between you and the judge.

What is bench trial?

It is also a metaphor for the judge's role in a court proceeding. So, if you hear someone refer to a “bench trial,” that is a trial with only a judge and no jury , or a “bench warrant” is a warrant issued by a judge on his or her own initiative (usually because of someone missing court or being in contempt of an order by the judge).

What is the little divider between the judges and attorneys called?

Ever notice that little divider almost every courtroom has between where the attorneys and judge sit (the "well") and the chairs in the back for an audience? That divider is called the “bar,” and is actually why the organizations that regulate attorneys are called “bar associations.” When one passes the licensing exam to become an attorney, it is known as “passing the bar” because they were no longer the lay people forced to sit behind the bar, but could now join the legal professionals sitting in the well by passing the bar dividing the two parts of the court room.

What is the jury box in a courtroom?

This is the jury box. In traditional proceedings, this is where a jury will sit to hear testimony and review the evidence. Many criminal courtrooms also use the jury box to hold inmates awaiting hearings like arraignments/first appearances, evidentiary hearings, etc. Some smaller courtrooms that are used exclusively for bench trials (where there is no jury) may lack a jury box. Typically, the party with the burden of proof (i.e., the prosecutor in criminal cases and the plaintiff or petitioner in civil ones) sits at the counsel table closest to the jury. Since this party has the greater burden to prove their case, this is supposed to give them a better opportunity to see the jurors' reactions and to be seen by them, in turn. Some stories even suggest that this allowed the prosecutor or plaintiff to whisper things under his breath so the jurors could hear it. Of course, such conduct would be grounds for a mistrial and sanctions against the party who did it, so you will not likely see any whispered conversations with jurors in a modern courtroom.

Why do criminal courts have jury boxes?

Many criminal courtrooms also use the jury box to hold inmates awaiting hearings like arraignments/first appearances, evidentiary hearings, etc. Some smaller courtrooms that are used exclusively for bench trials (where there is no jury) may lack a jury box.

What is a bailiff?

A bailiff is a law enforcement officer charged with maintaining peace and security in a courtroom. Many jurisdictions use deputy sheriffs, and federal courthouses have U.S. marshals. Bailiffs are the ones who typically announce “all rise” as the judge enters and leaves the courtroom. To aid in keeping distance between the judge and those in the courtroom, bailiffs often offer to carry documents and evidence from counsel tables to the bench. If a bailiff asks you to do something, they are a law enforcement official, and the only person with more authority in the courtroom is the judge, so you should always comply.

What does it mean when a judge says a matter will be heard in chambers?

If one reads a notice of hearing that says a matter will be heard “in chambers,” that simply means the judge will not be using his courtroom, but instead will use a smaller hearing room.

What is the clerk of the court?

The clerk of the court is the person responsible for keeping all of the filed paperwork and exhibits for the court. There is usually an actual person called the clerk of the court, but he or she has a number of deputy clerks that are the ones who typically attend ordinary court proceedings. In some jurisdictions, the clerks are also responsible for administering the oath regarding giving truthful testimony. The clerk usually sits somewhere near the judge in the courtroom, and may even be in a recess that looks much like a witness stand.

“Your Honor, May We Have A Sidebar Please?”

When An Attorney Asks For Sidebar, The Judge Has at Least Three Options

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The Jury's Entire Function Is to Determine Who Is More Likely Right Than wrong.

on The Record...