Following is a very helpful list of pointers on courtroom practice as written by Judge Dean P. Morzone KC in 2013. This paper was produced not long before his Honour’s appointment to the District Court on 27 October 2014. This list applies to all levels of experience and types of court practice. An example of the range of topics includes no.32 – standing behind the lectern with good posture and not slouching – and no.13 – while you are waiting in court- keep conversations in the back of the courtroom to a bare minimum, only when necessary and at a low volume – being a types of tips that members may never receive elsewhere.

Etiquette is essential for making a good impression. This is especially true for the courtroom advocate and attendees.

Many etiquette mistakes involve mannerisms, tone, talking, dress, presentation, and electronic devices being used in court. Good manners and proper courtroom etiquette may determine whether a judge has a favourable disposition to your case. Courtroom etiquette is also good ethical conduct.

Here are my suggested 50 tips about how to behave in and for the courtroom, including the time before your enter the court, when you are addressing the court, when you are in court otherwise, after court and outside court.

Before Entering

1. Being prepared for your court appearance and preparation is of utmost importance.

2. Be punctual and arrive on time. Timeliness is a basic courtesy.

3. Be ready.

4. Clean and tidy appearance is appropriate, like for most business and formal occasions.

5. Dress appropriately with dignity.

6. Turn off mobile phones and electronic devices before entering the courtroom.

7. You are responsible for advising clients, witnesses, and associates about proper courtroom etiquette and behavior.

8. No eating or chewing

9. Provide an order of witnesses and glossary of terms.

10. Be honourable, candid and trustworthy when dealing with your opponent .

Entering Court

11. Be silent on entering.

12. Bow respectfully . If the judge is already in the court when you enter, stop and bow respectfully to the judge from the doorway of the court before proceeding to your seat.

13. While you are waiting , you can sit in the public seating area at the back of the courtroom.

14. Move directly and quickly to the bar table when your case is called and sit at the bar table in order of seniority from right to left.

Addressing the Court

15. The judge is the main focal point. The judge not only represents the ultimate authority in the court, but also the law .

16. Get off to a good start.

17. Announce your appearance in a clear and respectfully loud voice, and in accordance with the court protocol.

For example:

18. Be organised at the bar table . Plan the timing to tender and have documents ready for tender. Fumbling advocates look foolish and distract the court from attention to flow of evidence and argument.

19. Address the judge politely and respectfully as “Your Honour”, for example, on “Your Honour ordered that …” .

(a) Being aware of the judge’s preferred time for breaks and luncheon adjournment, you may ask: Is that a convenient time, your Honour?” rather than a direct question “Do you usually stop for lunch about now?”

(b) Directing the judge to a page of the transcript or bundle of documents, you may ask: “Might I invite your Honour to turn to document 45 of the bundle of documents, and then to page 20 of that document?” instead of asking “Now just look at document page 20 in document 45?”

20. Be uncompromisingly ethical in every respect.

21. Remain true to your paramount duty to the court and administration justice.

22. Practice full and frank disclosure in ex parte or undefended hearings.

23. Know and observe proper hearing procedure of the court.

24. Remain respectful and courteous to the judge at all times, even if you feel unfairly victimized or you disagree with the judge’s ruling on an objection or motion.

25. Present your argument to the judge, but never ever argue with the judge . There is a significant difference.

26. Make submissions but don’t talk at, or be rude to, the judge. Not one of us, especially judges, react well to rudeness.

27. Use an appropriate oratory tone, pace and volume .

28. Make submissions not proffer your opinion or comment .

29. Know and be confident using court terminology.

30. Use good plain English.

31. Be yourself, be at ease, but always proper.

32. Stand with good posture behind the lectern.

33. Cross examine fairly, effectively and properly.

34. Be familiar with court technology required .

In Court

35. Observe courteous and orderly behavior.

36. Sit up straight with good posture.

37. Make no side-bar remarks or informal objections.

38. Move papers and take notes quietly .

39. Remain in attendance until excused .

40. Don’t pass notes, whisper or sleeve tug on counsel.

41. Stand promptly when making an evidentiary objection.

42. Never ever pack up before the case is finished, especially during the judge’s final words, ruling or ex tempore decision.

After Court

43. Never speak openly disparagingly of a judge. We have all been disappointed, or felt angry and victimized when landed with an unfavourable judgment or ruling.

44. Never criticize or purport to “correct” your opponent’s skills or conduct of their case.

45. Know how to manage your conflicting diary obligations when allocating further hearing dates for part heard matters.

1. the practitioner believes on reasonable grounds that — the circumstances are exceptional and compelling; and there is enough time for another practitioner to take over the case properly before the hearing; or

2. the criminal client has consented after the practitioner has clearly and fully informed the criminal client of the circumstances in which the practitioner wishes to return the brief.

1. If the judge has not yet imposed a date for the continuation of the part heard trial, then all other court commitments and absenteeism have priority.

2. In any event, a pre-existing part heard trial will have priority over a later one. You must tell the court if this applies to you.

3. If the judge imposes a date for the continuation of the part heard trial, then you must make all necessary arrangements to be available at the next hearing date

Except – You will be obliged to seek excusal from the proceeding if you are committed to a pre-existing part heard trial, or a criminal trial for a serious offence (see above) on the same date as the imposed date.

Outside Court

46. Know how to address the judge outside court.

47. Never communicate about a case with the judge or court .

(a) The court has first communicated with you in such a way as to require you to respond to the court; or

(b) The opponent has consented beforehand to you dealing with the court in a specific manner notified to the opponent by you.

48. Never ever knowingly make a false statement to an opponent in relation to the case (including its compromise).

49. Communicate with your opponent properly .

50. Avoid publicly discussing your client’s case, part heard cases and interim hearings (subject to final hearing and determination).

50 Basic Rules of How to Behave in and for the Courtroom. 

Before Entering1. Good performance preparation is essential.2. Be punctual and arrive on time.3. Be ready.4. Clean and tidy appearance and good grooming.5. Dress appropriately with dignity.6. Turn off mobiles and electronic devices.7. You are responsible for advising clients, witnesses, and associates about courtroom etiquette.8. No eating or chewing.9. Provide an order of witnesses and glossary of terms.10. Be honourable, candid and trustworthy when dealing with your opponent.

Entering Court11. Be silent on entering.12. Bow respectfully.13. While you are waiting, sit and be quiet.14. Move directly and quickly to bar table when called & sit at the bar table in order of seniority.

Addressing The Court15. The judge is the main focal point.16. Get off to a good start.17. Announce your appearance in a clear and respectfully loud voice, in accordance with court protocol.18. Be organised at the bar table.19. Address the judge politely and respectfully and remain polite to the judge, opposing counsel and court staff.20. Be uncompromisingly ethical and exemplary in every respect with competence, diligence and candor.21. Remain true to your paramount duty to the court and administration justice.22. Practice full and frank disclosure in ex parte or undefended hearings.23. Observe and know the hearing procedure.24. Remain respectful and courteous to the judge at all times including rulings.25. Present your argument but never argue with the judge.26. Make submissions but don’t talk at, or be rude to, the judge.27. Use an appropriate oratory tone, pace and volume.28. Make submissions not opinion or comment.29. Know and be confident using court terminology.30. Use good plain English.31. Be yourself, be at ease, but always proper.32. Stand with good posture behind the lectern.33. Cross examine appropriately, not coercive or bullying & know your obligations.34. Be familiar with court technology required.

In Court35. Observe courteous and orderly behaviour.36. Sit up straight with good posture.37. Make no side-bar remarks or informal objections.38. Move papers and take notes quietly.39. Remain in attendance until excused.40. Don’t pass notes, ear whisper or sleeve tug on the advocate.41. Stand promptly when making an objection.42. Never ever pack up before the case is finished.

After Court43. Never speak openly disparagingly of the judge.44. Never criticize or purport to “correct” your opponent’s skills or conduct of their case.45. Know how to manage conflicting diary obligations.

Outside Court46. Know how to address the judge outside court.47. Never communicate about a case with the judge or court.48. Never ever knowingly make a false statement to an opponent.49. Communicate with your opponent properly.50. Avoid publicly discussing your client’s case, part heard cases and interim hearings.