6. Becoming Familiar with Court Processes

The courtroom can be intimidating place, especially if you have never been to one before. You should spend some time watching trials or hearings to get comfortable with what you might expect. It will especially be useful to see how other people present before the judge.

Courtrooms are almost always open to the public so you are free, subject to routine security checks, to walk in and out as you please. You will be able to find information about what hearings are happening in which courtroom. Usually there are lists of proceedings for that day posted on notice boards or electronic screens in the courthouse. If you need help, feel free to ask the court staff and they can help you.

It might be a good idea to brush up on courtroom behaviour before your attend. The last thing you want to do is be disruptive when court is in session.

Courtroom layout

Courtrooms come in different shapes and sizes, but they look similar inside. Usually there will be a raised desk directly in front of the door that you enter. This is where the judge sits when the court is in session.

In front of the raised desk where the judge sits, there is a desk where the court clerk will sit. The court clerk is the person who helps to administer the case and ensure the process runs smoothly. The clerk is the person who accepts physical evidence (exhibits), administers oaths to witnesses, keeps track of proceedings, and helps the court stay organized and efficient. Listen to the clerk’s instructions, like you would listen to the judge.

A court reporter may be sitting near the clerk. The court reporter’s job is to record everything that is said at the hearing for later use. Alternatively, there may be a digital recording. A transcript of the hearing might be useful to a party who wants to launch an appeal.

There is often a seat near the court clerk. This is called the witness box. If you have someone coming to testify, this is where they will sit or stand when they are speaking to the court and being questioned.

In most courtrooms, both parties in the case sit across directly in front of the judge’s desk at separate tables. At your hearing you will sit at a table, and the Crown will sit at the other. If you have not been granted bail, at your routine court appearances before trial, you will be brought into the courtroom to a section of enclosed seating to the side of the room. This is known as the in-custody box. You will address the court from here.

A sheriff (other terms may be used) is a uniformed peace officer who maintains order and security in the courtroom. The sheriff may be sitting somewhere in the courtroom. They will keep track of who is coming in and out of the courtroom. They or the court clerk will command everyone to rise when the judge enters and exits the courtroom. Listen to the sheriff’s instructions, like you would listen to the judge.

Some courtrooms may have another section of seating to the side of the room. This is called the jury box. This is where jurors sit as they listen to proceedings when the case is before a jury.

Finally, the general public and people interested in your case, such as friends or family, may sit in the public seating at the back of the courtroom. This section is called the gallery. The gallery is separated from the rest of the courtroom by a railing, called the “bar”. The only people that can pass in front of the bar into the inner part of the courtroom are lawyers and people who are directly involved in the case.

Court can be a stressful experience for many people. It is a formal place that puts a strong emphasis on process. If you are going to court, there are some things you need to keep in mind if you want to be successful.

1. Be courteous and respectful at all times

No matter what happens, it is your responsibility to be respectful and courteous to everyone in court at all times. You can expect to be treated with the same respect and courtesy by the judge and the court staff during the process.

2. Understand that court staff have boundaries they cannot cross

Court staff will help you as much as they can. They understand that the court process can be complicated and stressful. But sometimes, they have limits to what they can do. If court staff refuses to help you with something, it may be because they are not permitted to give the assistance you are requesting.

3. Keep your emotions in check

No matter what happens at your hearing, you are going to be better off if you remain calm at all times.

4. Arrive early

You should arrive at court at least fifteen minutes before your hearing so that you have enough time to get to the right courtroom. Make sure you are not late for your hearing.

5. Dress appropriately

You should dress as professionally as possible. You should be neat, modest, and well-groomed for your court appearance. Dressing in a neat and professional way will help show the judge that you are serious about your case and respectful of the court process. You want to make a good impression.

6. Speak appropriately

When you are in superior court, the proper way to address the judge is usually “My Lord”, “My Lady”, or “Justice” – some courts use “Your Honour”. If in doubt, use “sir” or “madam”, or ask the clerk. You should usually call everyone else by their last name: Mr. __________ or Ms. ___________  – however, in modern times with different binary or non-binary name choices, it is proper to ask how they would like to be addressed. Do your best to speak clearly and calmly (but loud enough to be heard by all and to be recorded by the digital recorder) when it is your turn to speak. Take your time.

Do not use slang and be mature about the way you address the court. Never swear or insult anyone in the courtroom. You always want to make a good impression.

7. Be organized

Make sure that you are organized and ready to tell what is appropriate for you to tell the court, if you wish. You should know where all of your paperwork is and you should not waste time fumbling around with your papers. It is a good practice to organize all of your paperwork with tabs that can be easily referenced by you and by the judge.

8. Know the decorum and protocols of court

Everyone will have a chance to speak in court. Be patient and attentive. Never interrupt anyone when they are speaking in court. Do not make a scene if the judge or the other party says something you disagree with. Rolling your eyes or being sarcastic or offensive will not help you. Be mature, and be respectful at all times, no matter how you are feeling about what is being said.

There are expectations for how people act in court. You should stand whenever the judge enters or leaves the courtroom. If there is a jury, you should stand when the jury enters or leaves the courtroom to show respect. Stand whenever you wish to say something. You should address all of your comments to the judge.

Speaking in a courtroom can be especially nerve-wracking. Here are some tips on how to make a good presentation of your case.

1. Prepare

What the judge decides can have a serious, long-term effect on your life. This is your chance, if you wish, to give your relevant evidence to tell your version of the events. If you wish to give evidence, you want to make sure you are getting the right evidence before the judge. Make sure to prepare (write down) what narrative (words and descriptions) you are going to give and what questions you are going to ask witnesses, so you do not forget to ask them. If you are going to testify, be sure to prepare in advance what you are going to say.

The best approach is somewhere in between improvising and reading a script. Ideally, you should have a list of points that you need to cover. These points can be keywords or short phrases. You should refer to this list while you are speaking. But you should have practiced enough to not stare at the list all the time.

Practice really does make perfect. Try to get your practice to imitate what it is going to be like in court; speak standing in a clear voice. Practice in front of a friend or family member. You can also videotape yourself or practice in front of a mirror. Seeing how you present may reveal some of your bad habits, such as distracting hand gestures. The more you practice, the less nervous you will be.

2. Be clear

Speak slowly and audibly. You want the judge to understand what you are saying. Do not be afraid to pause a few seconds between ideas instead of barreling through your presentation.

You should not be yelling at the judge. But you want to make sure that the judge and the other party can hear every word you are saying.

3. Be truthful and professional

If you testify, tell the judge the whole truth. Do not be misleading by telling half-truths or exaggerations. The danger with these half-truths and exaggerations is that you might contradict yourself. If this happens, your credibility will suffer, and you might not be believed. Be professional when you speak; do not use sarcasm or derogatory language.

4. Be confident and direct

Try to avoid starting every sentence with “I think” or “I believe”. These words make you sound uncertain. Instead use direct statements “I will...”, “I did...”, “I saw”, etc., and in argument, “I submit”. Also, avoid verbal fillers. These are the “um” and “ah” that you tend to say during a casual conversation. But in court, these fillers are distracting.

Overall, when you sound confident, you are more credible and believable.

Having good posture makes you look confident and more credible. Try not to slouch, fidget, or lean against the table. When you are speaking, keep eye contact with the judge. This will help you engage the judge. But, it is okay to look at your notes from time to time.

5. Be calm

Court can be highly emotional. During your trial, if you testify, you might also be asked questions that make you feel uncomfortable. If you are asked an uncomfortable question, try your best to give the most honest and professional reply you can give. Emotional outbursts will not work in your favor.

6. Be respectful

Even though you are trying to fight for your side of the argument, it is important to be respectful to everyone in court. This makes you look professional and mature. Never make a personal attack on anyone in the courtroom.

7. Answer the Crown’s and Judge’s questions

If the Crown or judge asks you a question (in cross-examination), or the judge asks you a question (any time), stop speaking immediately and listen to the question. If the judge has a question, that means they need clarification. The judge needs to fully understand your story to be convinced. Listen to the entire question before you answer. A trial is not a test to see how quickly you can answer the questions. You should pause and think about the question before answering.

If you cannot hear the entire question or if you do not understand what is being asked, you can ask that the question be explained or repeated. It is critical to make sure that you are answering the right question.

Even if your answer weakens your position, give your truthful answer anyway. If you ignore or avoid a question, the judge will not be impressed. Remember, do not argue with the judge. Always be respectful, even if the question weakens your position.

Going through a trial can be very stressful. At times it feels frustrating and emotional. It is vital that you take care of yourself leading up to your trial date as well as during.

Here are a few tips to keep in mind:

• Stay calm: Do not let your emotions control you.
• Have support: Bring someone you trust to court with you. They cannot talk to you while court is in session but during breaks and lunch, they can encourage and support you. If you want to have the person sit with you in court, you can ask the judge for permission – some courts call such a person a “McKenzie Friend” (they cannot speak in the court, but can hand you notes and give you quiet advice).
• Rest: Get a good night sleep before trial. It will benefit you more to be well rested then to stay up preparing the night before.
• Be professional: Stay collected and objective. Do not get too emotional.

To help you prepare fill out the Before Court Checklist.

Download the Checklist

To be sure you are ready for court, review this checklist:

• Reviewed all the court documents and the disclosure provided by the Crown, including the police officer’s and complainant’s statement(s).
• Clearly understand the Crown’s case, and the elements of the offence(s) you are charged with - see Section 4.1.
• Prepared all witnesses, if you are going to call evidence. They have been served with a subpoena / summons which lets them know where and when to come.
• Organized all documents and case law.
• Brought the original document (to be handed to the clerk) and 3 copies (for the other party, judge and yourself) of all document evidence.
• Prepared your strategy for trial, your opening statement, and questions for your and the other party’s witnesses.
• Wearing appropriate clothing in court.
• Had a good night sleep before going to court.
• Know the time and place of your court appearance and plan to arrive early.