Knowing how to appear at court will ease stress, improve efficiencies and may impact your outcome, says Adelaide lawyer Nick Boswell.
A courtroom can be a very intimidating place, often because it is not an experience with which many people are familiar.
There are a number of different reasons your day in court may come.
It could be as serious as a criminal matter, a family law court proceeding or maybe as trivial as challenging a parking ticket.
But even if your appearance is as a witness or a juror, there is etiquette to observe and expectations of everyone in the courtroom.
How you present yourself is vitally important.
And if the proceeding directly involves you, your presentation and court manner may well influence the outcome.
Courtroom attire
There are no hard and fast rules on what you can or cannot wear to court.
But the courtroom is a formal place and there is an expectation of certain standards.
Ideally for men, that means a jacket and tie and for women, office attire is appropriate.
But neither are compulsory.
In hot weather, a Magistrate or Judge may allow jackets to be removed.
Equally, a jumper or jacket is advisable as courtrooms can sometimes get cold.
Meeting these dress standards shows the court your respect.
Clothing with disrespectful or offensive slogans or images should not be worn.
Singlets and thongs are also inappropriate as are hats or caps unless they fall under the guise of religious headwear.
Children in court
A courtroom is not a place for children or babies.
You should make arrangements for their care before arriving in court.
In the event your child is required to speak to a court child expert or judicial officer, consult court staff ahead of time to determine whether any childcare arrangements need to be organised.
Arrive early
Give yourself plenty of time and plan to arrive at court at least 30 minutes early to ensure you find a park, clear court security and find your courtroom.
Court staff will be on hand if you are having difficulty finding the right courtroom.
If you are running late
In the event unforeseen circumstances prevent you from arriving in court on time, it is important you contact the court as soon as possible.
If you fail to arrive in court on time and don’t have a valid explanation, it is possible the hearing will go ahead without you and it is likely your application will be dismissed.
In a civil matter, the case may be decided against you including orders to pay costs.
If you are unable to attend because of illness, contact the court as soon as possible and organise a medical certificate to affirm your explanation.
Waiting for your case
Court cases often run late so it is advisable to bring something to do as well as something to eat or drink while you wait.
The Sheriff’s Officer can show you to a special room or safe place while you wait to be called.
If you are a victim or witness and feel intimidated by the presence of an offender or their party, you should advise the Sheriff’s Officer or the police investigator.
You may also be entitled to bring a support person with you to the hearing.
Before entering the courtroom
Ensure you have turned off your mobile phone and any other electronic devices prior to entering the courtroom.
Hats or other headwear should have been left at home but if you have one, remove it unless it is for religious purposes.
Sunglasses should also be removed unless they are for medical reasons.
Do not bring any food or drink into the courtroom.
Inside the courtroom
Always follow the call of the court officer or associate to “All rise” or “Please stand”.
It is custom to stand up and bow whenever a Judge or Magistrate enters or leaves the courtroom.
Equally, you must nod to the Judge or Magistrate when you enter or leave the courtroom.
If they speak to you, you should stand and address them as “Your Honour”, “Sir” or “Madam”.
Do not voice your objections in the courtroom, use abusive or derogatory language, point fingers, yell, cheer or applaud.
If you are in the public gallery, you may not talk or take notes.
If you are the victim and you are feeling distressed, you may ask to leave the courtroom.
If you are giving evidence and under duress, you may also ask to take a break.
As a witness, be aware that you will not be permitted to sit in on the trial until after you have given evidence.
Contact us today
Representing yourself is a very challenging and risky practice, even in minor cases.
By engaging the services of an experienced lawyer, you will receive quality advice and stand to achieve a significantly better outcome.
You will also be guided through the entire process from start to finish and know what to expect every step of the way.
If you or someone you know wants more information or needs help or advice, please contact us on 0401 234 710 or email [email protected].
The information contained in this article is general in nature and does not take into account your personal situation. You should consider whether the information is appropriate to your needs, and where appropriate, seek professional advice from a financial adviser.
Legal matters referred to on this website are of a general nature only and are based on Nicholas Boswell & Co Lawyers’ interpretation of laws existing at the time and should not be relied upon in place of appropriate professional advice. Those laws may change from time to time.
Contact us now for a no obligations discussion about your needs.