Family Law Section

Going to Court

General Information

1. You should come 15 minutes before the scheduled proceeding (or earlier if instructed by your attorney). Check in with the clerk's office or the bailiff so that they will know you are present. If you bring your documents, it will help the clerk to direct you to the right room.

2. No shorts, halter tops, tank tops, hats or torn or holey clothing is appropriate. Shoes need to be worn.

3. No weapons will be allowed in the courtroom.

4. The judge should be addressed as "Your Honor" and a Commissioner as either "Your Honor" or "Commissioner".

5. You will be asked to stand when the judge or commissioner enters the courtroom.

6. Children are not allowed in the courtroom unless the court has given special instructions or permission. Do not bring infants and toddlers unless they are being adopted or the court has ordered them to be there.

7. Do not bring food or drinks into the courtroom.

8. If you behave inappropriately, you may be removed from the courtroom. If you are warned by the court to stop and you refuse to do so, the judge or commissioner may find you in contempt.

9. If you are not one of the named parties you will not be allowed to speak unless you are called as a witness.

10. Do not interrupt other people when they are speaking. You will be given an appropriate opportunity to address the court.

11. In the District Court you will not receive a written order from the hearing for several days. In the juvenile court, you may receive an order immediately, depending on the type of proceeding.

12. If you are a party, you and your attorney will be allowed to sit at counsel table. If you are not a party, you will need to sit behind the short wall.

13. Be respectful and civil to others.

14. Do not talk to others while waiting for your case to be called. If you need to discuss your case, there are rooms for that purpose outside of the courtroom.

15. If you will be testifying, the judge will instruct you about being sworn in. Once you have taken that oath, you are expected to be truthful in your answers to the court. Perjury (falsely testifying under oath) is serious.

16. If you are a witness and not a party, you may be asked to leave the courtroom during the trial. You will then be required to remain available for testimony (usually in the hall), but will be instructed not to discuss the case with any other witness. You will be allowed to speak to the parties or to their attorneys.

17. If you are to receive a witness fee, check in with the clerk.

18. Do not use cell phones in the courtroom. They should be placed on vibration or turned off.

If you are representing yourself:

19. If you are representing yourself, bring all of the documents you received. Read them carefully to see if there is specific information you should bring. For example, if you are to attend a pre-trial, you should bring your most recent tax return with W-2s and three months of recent pay stubs.

20. You will not be able to have a friend or family member speak for you. You will need to be prepared to present your case on your own. You will be required to sit at counsel table and the court will not allow you to have a friend or family member sit with you.

21. You need to be well prepared. Organize your paperwork in advance and write notes to help you.

22. You should keep notes of what occurs so that when the order is prepared you will be able to see if it matches your notes.

If you are represented by an attorney

23. If you have hired an attorney to represent you, you should check with the attorney regarding any questions you may have. The attorney may want you to be there earlier if there is a chance that you might settle the case.

24. When you are seated at counsel table with your attorney, do not speak unless instructed to do so by the judge or commissioner or unless your attorney tells you to do so.

25. Do not attempt to talk to the other attorney without your attorney being present. Opposing counsel is not allowed to talk to you when you have an attorney, unless your attorney is there or gives permission.

26. Be COMPLETELY honest with your attorney. In order to be able to give you the best legal advice, the attorney needs to know all of the information.