Courtroom Protocol for Counsel is a set of guidelines and procedures that attorneys must follow when appearing in court. It is designed to ensure that court proceedings are conducted in a professional and respectful manner. General Courtroom Protocol for Counsel: • Respect the court: All counsel must treat the court and other counsel with respect. This includes addressing the judge as “Your Honor” and refraining from using inappropriate language or gestures in the courtroom. • Dress appropriately: Counsel must dress appropriately for court. This includes wearing business attire, such as a suit and tie, unless otherwise instructed by the presiding judge. • Be punctual: Counsel must be punctual for court proceedings. This includes arriving early enough to review the court file and be ready to proceed when court is called. • Make proper requests: Counsel should make clear and concise requests to the court, such as requests to approach the bench, objections, or requests for a recess. • Refrain from making personal attacks: Counsel should refrain from making personal attacks on opposing counsel or witnesses. • Respect the jury: Counsel must treat the jury with respect at all times. This includes refraining from making inflammatory statements or gestures. • Be prepared: Counsel should be prepared for court proceedings and familiar with the facts of the case. • Follow the rules of evidence: Counsel should be familiar with the rules of evidence and make sure that all evidence presented is admissible. • Follow court orders: Counsel must follow all court orders and rulings. There are different types of Courtroom Protocol for Counsel depending on the jurisdiction. In some jurisdictions, the local court rules may specify additional protocols. Additionally, counsel may be required to adhere to the American Bar Association's Model Rules of Professional Conduct.
Courtroom Protocol for Counsel
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Courtroom Decorum Attorneys and pro se parties shall stand when addressing or being addressed by the Court. Address all remarks, other than examination of the witness to the Court, not to opposing counsel. Treat all adverse witnesses and parties with fairness and civility.
DO be respectful to the judge; address him or her as "Your Honor" or "Judge." DON'T chew gum in the courtrooms. DO turn pagers and cellular telephones off while visiting the Courthouse. DON'T bring food or beverages into a courtroom.
Every motion shall state the time and place when it is to be presented to the court, the grounds upon which it is made and the nature of the relief sought, and, as to motions filed in the Law Division-Civil Part only, the discovery end date or a statement that no such date has been assigned.
Personal service of process within this State may be made by Special Civil Part Officers and such other persons authorized by law to serve such process as the Assignment Judge designates. Persons so designated shall receive in payment for their services the fees allowed therefor by statute.
(a) Generally. An application to the court for an order shall be by motion, or in special cases, by order to show cause. A motion, other than one made during a trial or hearing, shall be by notice of motion in writing unless the court permits it to be made orally.
All trials, hearings of motions and other applications, first appearances, pretrial conferences, arraignments, sentencing conferences (except with members of the probation department) and appeals shall be conducted in open court unless otherwise provided by rule or statute.
Rule -2. When a party against whom affirmative relief is sought has failed to appear, plead or otherwise defend as provided by law or these rules, or has failed to appear at the time fixed for trial, or if the party's answer is stricken on order of the court, the clerk shall enter the party's default.
Things you should never do Don't show up late. On the day of your hearing, it's very important to arrive early.Don't use your phone. You will not be able to use your phone, computer or any other device in the courtroom.Don't interrupt. It's important to be polite to everyone in the courthouse.Don't be afraid to ask.