when can a lawyer ask to approach the judge

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. Typically, when attorneys ask to approach the bench they want to discuss a point of the case. Most often, these discussions concern matters of law or procedure.

Full Answer

Why is an attorney before a judge?

There’s one reason and one reason only that an attorney is before a judge. You are there to be an advocate for your client’s position.

What should I do if the judge asks me a question?

If the judge asks you a question and you don't understand, politely ask for clarification before answering. Don't interrupt the judge, and only speak when asked. When you're finished speaking, thank the judge for listening and take your seat.

Why does a lawyer always ask a judge to approve walking?

In recognition of courtroom courtesy, a lawyer always, always asks a judge to approve walking up to a witness, even if it is only for something like handing the witness a document. I even include this in sample testimony.

Why does an attorney ask the judge for permission to approach witnesses?

If the attorney is asking to approach a witness, opposing counsel table, or essentially anyone except for the bench, the primary reason is courtesy. The judge is the one who controls the procedure and decorum of the courtroom. It is, therefore, courteous to the judge to ask her permission for procedural items, such as approaching a witness.

Why do lawyers ask to approach judges?

Typically, when attorneys ask to approach the bench they want to discuss a point of the case. Most often, these discussions concern matters of law or procedure. These discussions are purposefully held out of the jury's hearing to avoid confusing the issues or influencing the jurors.

How do you get 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 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.

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?” –

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 see through lies?

Judges are only human. The judge will do his or her best to determine who is telling the truth, but the judge doesn't know either of you very well. The judge may conclude that your ex is lying and, if so, this will certainly affect how the judge rules in the...

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.

What does hearsay mean in court?

Definition. Hearsay is an out-of-court statement offered to prove the truth of whatever it asserts.

What does it mean when a lawyer is benched?

It is a tribunal or place where justice is administered. To appear before the full bench means to appear before the entire group of judges of the court. West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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...

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.

When to say may it please the court?

(Remember, every time you stand up to address the court, you must say, "May it please the court....") If you decide to use it, use it only to rebut points made by Appellee during his argument. Respond only to especially damaging arguments made by opposing counsel. Do not respond merely for the sake of responding.

How to hand a judge a document?

to hand the judge a document, the judge does not have to accept what the lawyer wants to hand the judge, and so one must ask whether the judge will accept the document and whether the judge will grant the lawyer permission to approach and hand the judge the document. Sometimes the judge will agree to accept the document, but still ask that you hand the document to his/her bailiff or clerk to give it to the judge, rather than you handing it to the judge directly.

Why do attorneys approach witnesses?

If the attorney is asking to approach a witness, opposing counsel table, or essentially anyone except for the bench, the primary reason is courtesy.

Why do judges use bench conferences?

A bench conference may also be used in a non-jury setting for the judge to briefly speak with the attorneys outside the hearing of the rest of the courtroom. If the attorney is requesting a bench conference, it may be to avoid the hearing of a witness in the courtroom, or persons in the gallery. It may be to simply resolve a quick technical point or establish the order of witnesses.

What is courtesy in court?

The first, again, is courtesy. It respects the authority of the judge to control the procedure and decorum of the courtroom. Before you just walk up to the judge and dump a bunch of documents in his lap, it’s respectful to ask first.

What does it mean to come closer to a witness?

to come closer to the witness for the purpose of speaking to a witness who is hard of hearing, or to point out a particular part of a document you want the witness to read or comment on, or to operate a machine or demonstrative exhibit, etc., the judge does not have to allow such a thing and may prefer that you stay put at the rostrum or counsel table, and so one must ask permission to approach the witness first.

What to do if someone supports non-representation of the criminal defendant?

If anyone who supports non-representation of the criminal defendant, then please offer some reasons for the stance — otherwise keep quiet and keep the opinions private, preferably on Sunday in church.

Which method of determining guilt or innocence requires a prosecution and a defence?

the judicial process is the generally accepted method of determining guilt or innocent, and that method requires a prosecution and a defence.

What to say when a judge reprimands you for wearing a tie?

And if any judge or justice reprimands you -- even if it's for improperly wearing a tie -- apologize by saying "I apologize Your Honor" or "I beg the Court's apology."

Did Emily Post write a chapter on attending your first trial?

So, since Emily Post didn't write a chapter on attending your first trial, make sure to follow these rules:

How to talk to a judge in court?

The very first rule of how to talk to a judge in court is to always address the judge properly. You should refer to the judge as “Your Honor”. Though, this doesn’t apply to clerks or any other official that is not actually a judge.

When should you stand up to a judge?

This final tip is not directly related to learning how to talk to a judge, but it is relevant. When the judge enters the courtroom, you should stand up. You should not sit until the judge advises everyone to sit.

How to avoid sarcasm?

Don’t use slang terms or sarcasm. You may also want to limit your use of hand gestures and other forms of non-verbal communication. Focus on what you’re actually saying.

What should the first sentence of a sentence be?

The first sentence should simply introduce you to the judge. The second sentence is a short summary of why you’re in court and the third sentence should explain what you want from the court case.

When the judge makes his or her decision, should you respect the judge's choice?

When the judge makes his or her decision, you should respect the judge’s choice. If you disagree with the outcome, then you could discuss further action with your lawyer. The current session is not the time or the place to address your frustration. So, don’t make a scene if things don’t go your way.

Is going to court scary?

Going to court can be an intimidating experience, especially if you’ve never been to court before. You may worry about what to wear, where to sit, and how to talk to a judge in court . These worries can make you dread the entire process.

Should you stand or sit when the judge rises?

You should also rise when the judge rises to leave the room. Though, if you have any trouble figuring out whether you should stand or sit, the best advice is to follow the example of everyone else in the room.

How to get a judge to take a specific action?

1. Write a motion if you want the judge to take a specific action. This is the closest you can get to conversing with a judge about your current case. If you have a lawyer, they can help you draft the motion and submit it. If you want to draft the motion yourself, find a sample online to help guide you.

How to find the contact phone number of a judge?

Visit the website for your district. If you want to find the contact phone number and/or mailing address of local judges, search online for the judicial district website nearest your area. Here, you can view all of the judges in your local district or find the contact information for a particular judge, if applicable. [9]

How to contact a judge for a restraining order?

Contact a judge regarding an emergency request for a restraining order. The other instance in which a judge will accept ex parte communication involves emergency situations regarding restraining orders. If you in need of a temporary restraining order out of fear of your safety, you can call or write a judge explaining the circumstances. Then, the judge can issue the restraining order based on their decision.

How to contact a circuit judge?

Browse the list of judges in the circuit. Scroll through the list of judges, and select the judge you’d like to contact . All of the judges in your district are listed on this page. Some websites may have specific links for particular judges, where you can read more about them and their work. [11]

What happens after the other party responds to a motion?

After the other party responds, the motion transfers to the judge so they can make their decision.

How long does it take to respond to a motion in court?

If the other party has a lawyer representing them, provide the copy of the motion to the lawyer. The other party has 15 days to file a written response regarding your motion. After the other party responds, the motion transfers to the judge so they can make their decision.

What to write in a motion to reopen?

If you are in a court case and want a judge to revisit a previous case, you can file a motion to reopen. For example, you can write something like, “The Defendant, Tina Johnson, in the above-captioned case, respectfully requests that the court hear her pleas regarding custody concerns.”.

How to be a good judge?

1. Use polite language, a calm tone and reserved body language. Speak clearly and loudly enough to be heard, but don't shout. Don't wave your hands or otherwise make unnecessary gestures when you are speaking to the judge. Always speak politely and respectfully to the judge and all other court officials.

How to prepare for court?

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.

What to do if you don't get the opportunity to speak to the courtroom staff?

If you did not get the opportunity to speak to the courtroom staff to get the judge’s preferred form of address, address the judge as “Your Honor.”. Do not interrupt. Do not interrupt or "speak over" anyone in the court, including the judge, other court officials, and other attorneys.

How to be respectful in court?

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.

How to avoid calling out in court?

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. The judge can have the bailiff remove them as well.

What does "not say the court's attention is directed to" mean?

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.

What to not use in court?

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.

Why has the judge never looked at the previous dealings?

His Attorney has filed suites or threatened too with every dealing in property, the judge has never looked at the previous dealings because his Attorney keeps mudding the facts with lies and the true facts. Report Abuse. Report Abuse.

Can you write to the judge?

You can't write to the judge. You can hire your own attorney to make your case to the court.

Can a judge look at ex parte letters?

If you don't have one, you should get one. The judge cannot consider a letter from you. That is an ex parte communication and he cannot look at it. The only thing the judge can look at are the pleadings in the file.

Can you communicate with a judge without notice?

Ex parte [without notice] communication with the Judge is forbidden. Your letter will not reach the Judge, nor be read.

Is it appropriate to write a letter to a judge?

It's not appropriate to correspond directly with the judge without providing the other side the communication as well. A letter is also not the appropriate method to have the judge consider information in your case. There isn't much information in your inquiry.

Do judges look at facts in cases?

I really don't know if that will help since the Judges do look at the facts in cases. Normally all the pleadings are in the same file so Judge has access to everything when something is filed.