I am the plaintiff in a personal injury case and will be appearing in court next week. This is my first time in court and I have never served on a jury so I don’t know how the court procedure works. It would be helpful to know how to behave in court!
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Answer by Robert Bailey, Adelaide 5000 SA
- A courtroom is a place where the laws of the land are administered which can and does affect peoples’ lives in a big way. It is important that everyone shows the court respect.
- To ensure the court operates properly and respectfully everyone who attends court needs to behave in an appropriately formal and respectful manner.
- If you are appearing in court you should:
- be on time. If you are late your case might be heard without you, dismissed or if it is a criminal trial a warrant might be issued for your arrest;
- whenever a judge or magistrate enters or leaves the courtroom it is customary for everyone in the courtroom to stand and bow their head and remain standing until the judge or magistrate has left the courtroom;
- stand if and whenever the magistrate or judge speaks to you and when you speak to them;
- when you enter and exit the courtroom you should bow towards the judge or magistrate bench to show that you acknowledge and respect the laws of the land and the authority of the court. This is simply a matter of stopping at the courtroom door on your way in or out, turning and bowing your head towards the Coat of Arms located behind the judge or magistrate;
- enter and leave the courtroom quietly so you do not disrupt proceedings;
- switch off your mobile phone before going into the courtroom;
- do not talk, eat, smoke or chew gum in the courtroom;
- always address the judge or magistrate as “Your Honour” or “Sir” or “Madam” as appropriate and always address others in the courtroom by their proper titles and surnames including the lawyers, witnesses and court staff;
- you cannot use cameras, tape recorders, two-way radios or other electronic equipment in the courtroom;
- you do not need to wear a suit when going to court but your dress should be neat and smart. It is inappropriate to wear singlets, thongs, hats or sunglasses in the courtroom; and
- in court follow any directions from court staff or officials.
- A trial is a structured proceeding designed to enable the orderly collection of factual evidence by the court. Each party is allowed to speak in turn when presenting their case. It is likely that you will often strongly disagree with what the other side says to the court. Expect this, make notes and wait to have your say when it is your turn to speak. If you continually or unreasonably interrupt you may find yourself charged with contempt of court which is a criminal offence.