How Do I Conduct Myself in Court at an Application?

From Clicklaw Wikibooks

The courtroom

Layout and seating arrangements in typical courtroom

The drawing here shows how most courtrooms are laid out. In some courtrooms the witnessA person with direct, personal knowledge of facts and events; a person giving oral evidence in court on oath or affirmation as to the truth of the evidence given. See "affirm," "evidence," "oath" and "opinion evidence." box will be on the right rather than the left. Other courtrooms may have seating for a jury; others may have a separate entrance and seating for criminally accused; others may have a very small or a very large area for the gallery.

Checking in

Get to the courthouse about 20 minutes ahead of the time shown on your Notice of ApplicationA legal document required by the Supreme Court Family Rules to bring an interim application, setting out the relief claimed by the applicant, the grounds on which that relief is claimed, and the date on which the application will be heard. See "applicant," "grounds," "interim application" and "relief." or Notice of HearingA legal document required by the Supreme Court Family Rules that fixes the date for the hearing of a Petition. See "hearing" and "Petition.". In the Provincial CourtA court established and staffed by the provincial government, which includes Small Claims Court, Youth Court and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a court proceeding. Small Claims Court, for example, cannot deal with claims larger than $25,000, and Family Court cannot deal with the division of family property or matters under the ''Divorce Act''. See "judge" and "jurisdiction.", hearings generally start at 9:30. In the Supreme CourtNormally referred to as the "Supreme Court of British Columbia," this court hears most court proceedings in this province. The Supreme Court is a court of inherent jurisdiction and is subject to no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada.", the court day starts at 10:00.

Somewhere around the entrance to the courthouse there will be a bulletin board with lists of all the hearings that are going on that day and which courtroom each hearingIn law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision" and "evidence." is in. Find your courtroom, and get there early.

The clerk will open the courtroom about 10 or 15 minutes before the court day starts. Enter the courtroom and walk to where the clerk sits. Tell the clerk who you are. The clerk will find your file on the day's list and will ask you how long you expect the hearing to take.

After you've checked in, take a seat in the gallery. Lawyers will sit in the row of chairs just beyond the gallery, past the barIn law, the physical railing separating the public gallery in a courtroom from the area where the judge and lawyers sit; lawyers as a group; where lawyers go after work., although in some busy courtrooms like the chambers courtrooms in Vancouver and New Westminster, all of the seating is considered past the bar. In a case like that, where there is no obvious gallery, sit wherever you find a seat.

The start of the court day

The court day starts when the judgeA person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal. enters the courtroom. The clerk will make an announcement when the judge is entering the room. Stand up when the judge enters the room, and sit down only when the judge sits down.

The clerk will then start calling the day's cases, one by one. In the Supreme Court, the clerk calls the cases in orderA mandatory direction of the court, binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. See "appeal," "consent order," "decision" and "declaration." from the shortest cases to the longest cases. In the Provincial Court, the clerk will call the cases where one or both parties are represented by lawyers before moving on to the cases where neither partyIn law, a person named as an applicant, claimant, respondent or third party in a court proceeding; someone asserting a claim in a court proceeding or against whom a claim has been brought. See "action" and "litigant." has a lawyerA person licensed to practice law in a particular jurisdiction. See "barrister and solicitor.".

When your case is called

Walk up to the long table in front of the clerk, and take a position to the right or left. It usually doesn't matter which side you choose.

While you're doing this, the judge will probably be taking some notes. Remain standing until the judge looks up from their notes. The person who is making the applicationA request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief.", the applicantA party who brings an application to the court for a specific order or remedy. Usually refers to the party making an interim application, but in the Provincial Court can mean the person who starts a court proceeding. See also "court proceeding," "application respondent" and "interim application.", should introduce themself first, followed by the other person, the respondentThe person against whom a claim has been brought by Notice of Family Claim. See “application” and “Notice of Family Claim.", introducing themself:

Applicant: "Good morning, my name is Jane Doe and this is my application."
Respondent: "I am John Doe."

Once that's done, the respondent can sit down. Usually, the applicant will then move to the little lectern at the centre of the table and make their pitch about why the judge should make the orders they are asking for. When the applicant is done, the applicant sits down and it's the respondent's turn to stand up, move to the lectern, and say why the application is a bad idea.

Etiquette

The judge, the court clerk and the other party are deserving of your respect and courtesy. Plus, you really want the judge to think well of you. Here are some general guides.

Dress

For women, something along the line of business casual will do. It doesn't matter whether you're wearing a dress, skirt or slacks. Avoid excessively casual clothing like jogging suits, sweatshirts, runners and such. If you feel driven to wear make-up, remember that you're going to a formal event, not a night out at the Roxy.

Men should also think business casual. If you have a sport jacket, wear that along with a clean pair of pants. Ties and proper suits are nice but not necessary at all. Your shirt should be of the button-up variety and not have a beer logo on it. Don't wear a hat in court.

The general goal is to look respectable and respectful, not like you just rolled out of bed or are gearing up for a night out on the town. Do your best to make it look like it matters to you that you're in court.

Addressing the judge

In the Provincial Court, the judge should be addressed as Your Honour. Masters of the Supreme Court are also addressed as Your Honour. Justices of the Supreme Court are addressed as My Lord or My Lady. Do not call the judge or masterA provincially-appointed judicial official with limited jurisdiction usually charged with making decisions before and after final judgment in a court proceeding, including the hearing of interim applications, the assessment of lawyers' bills and the settling of bills of cost. See "interim application," "judge," and "jurisdiction." "sir," "ma'am," or "dude," or anything else for that matter.

Addressing the other side

If the other side is a lawyer, "Mr. Smith" or "Ms. Smith" will do. Ignore how the lawyers address each other in front of the judge.

If the other side doesn't have a lawyer, it's usually all right to use first names, but it's better to address each other formally as "Mr. _____" and "Ms. _____".

Standing up and sitting down

Always stand when the judge is speaking to you or when you're speaking to the judge, unless of course you are unable to stand. Sit down at all other times.

General rules

  • Always be early. Simply being on time is your last resort.
  • Don't interrupt, no matter how much you want to. Interrupting is rude and makes the transcript impossible to read, if it needs to be read. Above all, never interrupt the judge.
  • Don't use foul language. Be polite and courteous at all times.
  • Never say that the other side is "lying" or is a "liar." There's usually a better way of getting your point across, without using harsh, judgmental language like that. Say, "my understanding of events is that..." or "perhaps Mr. Smith misremembers what happened, I recall that..."
  • Stay calm at all times. No outbursts!
  • By the same token, don't make faces or grunt when the other person is talking. You will have your chance to replyIn law, an answer or rebuttal to a claim made or a defence raised by the other party to court proceeding or legal dispute. See "action," "claim," "defence" and "rebut."; rolling your eyes is not going to convince the judge that you're right.
  • If you have an objection to make, do your best to save it until the other side is done. If you simply cannot wait, stand up, wait until the judge recognizes you and explain what your concern is.
  • Try your best to speak slowly. The judge will be taking notes of what everyone is saying, and it can be very difficult to keep up with someone who's talking a mile a minute.
  • If the judge chastizes you for something, take what the judge is saying to heart — especially if it concerns your conduct in court — and take it like an adult. No pouting.
  • If there's something you don't understand, ask for an explanation. Stand and wait until the judge recognizes you, and ask for clarification.

When your case is done

After the judge delivers their judgmentA judge's conclusions after hearing argument and considering the evidence presented at a trial or an application; a decision, the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law," "findings of fact," and "final judgment.", stand up and thank the court, whether you won or lost, and leave the courtroom.

It is extremely poor form to gloat over a victory, or, otherwise, to sulk and rage about a loss. Take it like a grownup and leave the courtroom. Save your boasting or complaining for your friends.


Creativecommonssmall.png JP Boyd on Family Law © John-Paul Boyd and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.
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