Court Proceedings Top Tips

A Magistrate recently received a formal reprimand for texting her daughter during a hearing, despite pleading mitigating circumstances. Another Magistrate received a misconduct warning for swearing in court and telling a witness to leave. Considering these incidents, our Head of Family Law, March Chapman, shares the following:

Court proceedings top tips

1. Mobile Phones: Make sure to switch off your mobile phone or set it to airplane mode when in the courtroom with the Judge or Magistrates. If your phone rings during the hearing, apologise and turn it off
2. Dress Code: Wear what you feel comfortable in. If in doubt, imagine you are attending a job interview and dress accordingly. Consider the season. Although, bear in mind that court buildings and rooms can be cold or hot no matter the time of year. Smart casual attire is always a reliable choice.
3. Body Language: Sit on your hands. Court hearings, regardless of their nature, can be emotional. Sitting on your hands helps bring about calm, especially if you disagree with something said in court. It also helps prevent involuntary hand gestures, as body language can impact how others perceive you.
4. Arrive Early: Plan your journey in advance to ensure you arrive in good time. While there will always be occasions where delays are beyond your control (e.g., train delays, roadworks), giving yourself plenty of time will help alleviate any stress caused by potential setbacks.
5. Loose Change: Take some loose change with you for parking, as the parking app may be down or unavailable.
6. Security: Avoid taking sharp objects to court, as you will need to go through airport-style security when entering the court building. Depending on the court, security measures could be quite intrusive, and you may be asked to remove items like belts. If you bring a drink with you, you will need to consume it in front of the security staff.
7. Support: If your lawyer agrees, you may bring someone with you for support. They cannot enter the courtroom as the proceedings are private, but they can wait in a designated area. If you do bring someone, kindly remind them that, although they may have strong feelings about the other party, this is your case and any decisions (big or small) should be made by you in consultation with your lawyer. Their views are important, but the final decisions must be yours.
8. Get a Good Night’s Sleep: Try to get a good night’s sleep before your court appearance, even though it may be difficult.
9. Ask Questions: If you are unsure about something, ask. All questions are valid and important to clarify any doubts you may have.
10. Decision-Making: If you are unable to make a decision in court, and the type of hearing allows it, you can suggest making the decision outside of court, agreeing on a timeframe. If a decision must be made on the day, ask for additional time, and even request a break to get some fresh air or take a short walk if needed.

Following these tips can help you face court proceedings with confidence and professionalism. If you have any questions or need legal assistance before your hearing contact us today.