Pro Bono Attorneys Deskbook
Basic Courtroom Manners and Tips

Forenote:  Attorneys may provide limited representation to clients who are otherwise pro se litigants.  When doing so coach the client on what to expect and how to behave in the courtroom.  The tips below are drafted for Cole County but can be appropriately adapted to your county.

Tip:  Go to the courthouse before your hearing and watch other cases being heard by the court. 

• Come to court on time.

• Dress appropriately.  How would you dress for church?  The Cole County Circuit Court dress code prohibits: “t-shirts, tank-tops, tube-tops, cut-offs, shorts or other inappropriate clothing.”

• Be courteous to the judge, court staff and all other parties.  Address the judge as “Your Honor.”

• Do not chew gum.

• Speak up when responding to the judge’s questions.  Not only does the judge want to hear but also a court reporter is recording your answers.

• Be prepared.  Have your documents in order.

• Rise when the judge enters or leaves the courtroom.

• Do not interrupt with others are speaking.  Wait your turn.

Be prepared

• Keep your documents in a safe place.  Binding them in a notebook or folder in order is helpful.

• Know your case number that is on your filed petition.  This is how the court keeps track of your matter.

Order of Events

• When you arrive at court check-in with the bailiff. Look for his or her badge.

• Do not leave the courtroom area near the time your case may be called.  If the bailiff does not know where you are, the  judge may proceed with your case without you there.

• The judge will call your case for hearing.

• When your case is called for hearing, respond that you are here. You may come forward and sit at the attorneys' table.

• The judge may make preliminary remarks about the process.  Listen attentively.  If you do not understand, ask the judge after he/she is done.

• An official court reporter will be taking down the testimony. Speak up so that the reporter can hear you.

• The Petitioner/Plaintiff will be heard first.  At this time you or other witnesses will be heard by the court to tell your side of the case.  Follow your outline to present your case.

• Before the witnesses testify they will be given an oath by the judge.

• When you question witnesses (other than yourself), be sure to ask questions. Do not make statements.  It is the witness giving testimony, not you.

• The opposing party may object to evidence that you offer.  You may respond to their objection.  The judge will decide if the objection is valid.  Wait for the judge’s decision before you proceed.

• The Respondent/Defendant is heard next.  The Petitioner may object to evidence offered by the Respondent.

• During the course of the hearing the judge may ask questions at any time.  Listen attentively to the question and then answer, if it is directed to you.

• After the Respondent’s presentation, the Petitioner may present rebuttal evidence.

• After the evidence the Judge will decide your case and tell you his/her decision.  The decision will be sent to you in writing in the form of a Judgment.

Tips for Presenting Evidence

• The Petitioner/Plaintiff has the burden of proving his/her case.

• The Judge can only decide the case based on admissible evidence offered at the hearing.  Evidence may include your testimony, testimony of other witnesses, documents or exhibits.

• Generally hearsay or irrelevant evidence will not be admitted.  Hearsay is a written or oral statement by a person who is not in court as a witness.  Irrelevant evidence is testimony or exhibits that do not help the Judge understand or decide the issues.  The Judge will tell you what evidence is inadmissible.

• If you have documents or other exhibits, you must describe them to the Judge and ask that they be offered in evidence.  All exhibits need to be marked with a number/letter.  The court reporter will help you with this. Be prepared with extra copies of your documents or exhibits for the judge and opposing party.

• If you are a witness for yourself, tell the Judge that you wish to testify.  Come to the witness stand, wait to be sworn then tell your story to the Judge.  Follow your prepared outline.

• If you have other witnesses, ask the Judge to call them to the witness stand.  After they are sworn ask them your prepared questions.  When you are done, tell the Judge.