Courtroom Etiquette 101 (2023)

FAQs

What can I say when I don t want to answer a question when testifying? ›

Do Not Exaggerate, Mislead, or State Anything Untrue. It goes without saying that you should never lie to a judge (that is perjury), but you should also avoid exaggerating the facts or misleading the court about any issue. Most judges can sense when a witness is stretching the truth, and they do not appreciate it.

Give the answer in your own words, and if a question can't be truthfully answered with "yes" or "no," you have the right to explain your answer. Answer only the question asked you.

Even if you have already answered some questions, you can refuse to answer other questions until you have a lawyer.

If you don't know the answer, say “I don't know,” and offer, with the court's permission, to provide the answer after oral argument, with a copy to opposing counsel.

"Please" and "thank you," holding doors, chewing with our mouths closed, dressing appropriately, shaking hands—these are all manners. They are important because they give us confidence, allow our focus to be on the substance of our interactions, and they tell us what to do and what to expect others to do in return.

“Do unto others as you would have them do unto you.” This seems the most familiar version of the golden rule, highlighting its helpful and proactive gold standard.

What do judges want to hear? ›

At the end of the day, a judge wants to hear three things: accountability, responsibility, and remorse. They also want to hear your reasoning. Why did you commit the crime in the first place? In addition to this, they want to hear what's different now.

No objection. Not that I recall. Objection. Objection to the form, your Honor.

Listen carefully to the questions you are asked. If you don't understand the question, have it repeated, then give a thoughtful, considered answer. DO NOT GIVE AN ANSWER WITHOUT THINKING. While answers should not be rushed, neither should there be any unnaturally long delay to a simple question if you know the answer.

You Don't Have to Answer Every Deposition Question (And In Some Cases, You Shouldn't) Your attorney has prepped you for your deposition. You're pretty clear on what will happen, who will be present, and what you should do if you are unable to answer a question.

The Fifth Amendment can be invoked only in certain situations. An individual can only invoke the Fifth Amendment in response to a communication that is compelled, such as through a subpoena or other legal process. The communication must also be testimonial in nature.

You can also refuse to answer the question, but be sure to be polite. “Say, 'I appreciate that this is of interest but we don't feel sharing the information is appropriate, especially at this time. But I'd be glad to answer other questions if you have them,'” says Sullivan. “Appreciate the interest but draw lines.”

Remember, no matter what happens, even if the officer says you are being detained or arrested, you don't have to answer any questions. Simply say that you wish to exercise your right to remain silent and say nothing more. If pushed to talk, repeat the same answer.

In person: In an interview, social event, or in court, address a judge as “Your Honor” or “Judge [last name].” If you are more familiar with the judge, you may call her just “Judge.” In any context, avoid “Sir” or “Ma'am.”

"I would take any steps needed to repair what I've done." What would you like the judge to know about you before you are sentenced? "I take full responsibility for what I have done and apologize to her, the court and most of all the victims in this case. I would like to fix this in any way I can."

What are the 3 R's in etiquette? ›

Knowing the three R's of business etiquette is a useful guide: Recognition, Respect and Response.

All manners traditionally convey one or more of the 3 Principles of Etiquette: Respect, Consideration, and Honesty.

“In etiquette, these are the most important words: 'Please,' 'May I … ,' 'Thank you' and 'You're welcome,'” says Grotts. “These basic social niceties show respect and kindness, work in every situation and can never be said too much.”

Etiquette is a set of customs and rules for polite behaviour, especially among a particular class of people or in a particular profession.

The idea behind the Platinum Rule is you don't just treat other people the way you would want to be treated, you treat them the way they would want to be treated. The idea is that in an increasingly diverse and complicated world it's not enough to simply apply your standard to everybody that you meet.

The Platinum Rule was popularized in Dr. Tony Alessandra's book of the same name. The Platinum Rule goes this way: “Treat others the way they want to be treated.” The Platinum Rule is a very subtle yet powerful and important shift from false consensus.

Treat others as you would like others to treat you (positive or directive form) Do not treat others in ways that you would not like to be treated (negative or prohibitive form)

Brilliant lawyers and judges are expected to have a good eye for interpreting people's voices, manner of speaking, choice of words, and body language.

Address the judge as “Your honor” or “judge (name)” and continue to stand as you speak to them. The judge will listen to what you say. The judge may call you up to the stand to continue with your case. Follow the judge's direction on what to do for the hearing.

What colors are best to wear to court? ›

The best color to wear to court is probably navy blue or dark gray. These colors suggest seriousness. At the same time, they do not come with the negative connotations that are often associated with the color black (for instance, some people associate black with evil, coldness, and darkness).

Be polite and respectful.

Always keep your calm. Answer only the questions that are being asked. Try not to steer from the argument. If you do not know the answer to a question, either ask for some time to prepare by referring to your notes or admit truthfully that you do not know the answer.

Their statements should be truthful, sincere and explain why they regret committing the crime. Also, a statement should be made accepting responsibility for the crime and reasons why they are writing the letter to the judge — a defendant should ask for a lesser fine or a shorter sentence.

Judges receive character letters that state how wonderful a person is or how the person is honest, supportive, and trustworthy. However, a judge needs specific examples of how the person's actions exhibit these traits.

Lawyers may also tell witnesses that if they don't remember certain events, they can simply say “I don't recall.” In general, such instructions are not improper. A witness cannot, however, repeatedly answer “I don't recall” to avoid truthfully answering questions.

If a defendant is found not guilty, by the magistrate, jury or judge, they will be 'acquitted' and free to go. If the defendant pleads guilty or is found guilty by the judge or jury, they are convicted and the judge will pass sentence.

Can witnesses decline to answer questions? ›

The testimony would incriminate yourself – Under the Fifth Amendment in the Constitution, you have the right to avoid giving any evidence that could self-incriminate you. In most cases, you can plead the Fifth Amendment, which legally allows you to refuse answering questions.

Pleading the Fifth as a Witness

You also have the right to plead the Fifth when you are a witness in a federal criminal case. Much like with a defendant, a witness may refuse to answer any questions that might tend to implicate them in a crime.

"I don't recall" is often the most truthful answer if you're not sure. Then if the document shows up, it may refresh your memory, but it doesn't contradict your sworn testimony. On the other hand, if something is fundamental and wrong, you would never have done or said that. Don't hide the truth behind memory.

If you're not sure you understood the question, rephrase it. If appropriate, you might explain why your dissertation research didn't address the specific point, that the posed question could lead to further research, and you might improvise what a project designed to answer the question might look like.

Witnesses have to testify (tell the court what they know) by answering questions from either side or the judge. If a witness refuses to answer a question, the judge can find them in contempt of court and jail them.

Yes, it is always okay not to have all of the answers.

It is legally allowed for the cop to ask you things like: Where are you coming from? How much have you had to drink? Do you know why I pulled you over? Your answers to these questions can be used against you in court, and you should not say anything in response.

How do you deflect difficult questions? ›

Although this might seem more official than a casual conversation, you're under no obligation to answer them. You can decline to answer and walk away. The police aren't allowed to use refusal to answer questions as a reason to search or arrest you.

Try saying something along the lines of, “That's an interesting question, could I take some time to think it over and get back to you?” or “That's a great question, I could give you a partial answer, but I would like to consider it further and get back to you with a full answer.”

If it's your official thesis defense presentation, you're representing your work, so it would be fine to use "I". But others may prefer to stick with the common "we". There is no 'correct' answer here. You should do what you feel comfortable with.

You Don't Have to Answer Every Deposition Question (And In Some Cases, You Shouldn't) Your attorney has prepped you for your deposition. You're pretty clear on what will happen, who will be present, and what you should do if you are unable to answer a question.

You also have the right to plead the Fifth when you are a witness in a federal criminal case. Much like with a defendant, a witness may refuse to answer any questions that might tend to implicate them in a crime.

Yes, you can plead the fifth in a civil trial or deposition. But, whether you should or should not do so is often an issue that requires you to waive certain risks and benefits. If you refuse to testify in a civil matter, there can be adverse consequences for the case.