How to Appear in Court - Schwartz APC

Tips on How to Appear in Court

Courtroom etiquette is about ensuring that the proceeding runs smoothly, but also it is about ensuring that you either gain or preserve credibility. Once lost, credibility can be difficult to regain.

Why should you care? If you take court seriously, the court will take you seriously. The court will be more likely to trust you, which can only be a good thing for your case.

General Tips

These tips apply whether you are appearing in person or remotely. Likewise, any tips on this page are useful in other settings, such as depositions.

Dress appropriately. Avoid shorts, open-toed shoes, sleeveless shirts, shirts with sayings or logos on them, hats (unless the head covering is for religious purposes), sweatpants, and the like. A tuxedo is definitely overdoing it. If you do not own a suit, simply wear the nicest shirt and pants you have. If you can, make an investment in a suit or blazer; moderately priced attire can be found at JCPenney or Kohls. If that is outside your price range, Goodwill, the Salvation Army, and thrift stores sometimes carry professional clothing. Church groups and nonprofits may also have professional clothing for jobseeking programs. But as long as you do your best, you should be fine.
Do not swear.
Do not yell.
Do not interrupt people unless it is absolutely necessary. And we will tell you right now, it is almost never necessary. Judges hate it. And when a court reporter is present, the court reporter can only take down what one person is saying at a time.
Wait until the question is completed before trying to answer it. Related to the last point, but sometimes you are not being asked what you initially think you are being asked.
Answer the question that is asked. You will have an opportunity, either at the current hearing or later on to explain your answer.
Do not talk about the facts in your case if this is a criminal appearance. Especially if you are innocent. This will not help you.
Speak clearly. Leave the chewing gum at home.
Do not drink or do drugs before court. This includes marijuana. (This also means you should not drink or do drugs while you are in court.)

Tips for In-Person Appearances

Plan out parking or transportation in advance. If you have never been to the courthouse, do not wait until the day of court to figure out where to park or what the bus schedule is.
Arrive early. Depending on how busy it is that day, there may be a line at security to get into the building.
Listen to court staff. Believe it or not, people try to assault others in court. If court staff is telling you to move to a certain place or stay out of a certain area, listen to them.
Try to avoid extreme emotions in the hall. We know court is emotional. When things go your way, you want to celebrate. When things do not go your way, it may be devastating. It may even be life-shattering. Try, as best as you can, to wait until you are outside.
Do not drive to court if you cannot legally drive. It is easy to catch you.
Do not talk to the other party if there is a court order prohibiting you from doing so. Likewise, do not sit near them.
Bring something to write with.

Tips for Remote Appearances

Make sure remote appearances are allowed. For some events, you must appear in person. And some courts require advance notice if you intend to appear by video conference or telephone.
Test your software the day before. Plenty of people have never used Zoom before. But the day to learn how to use Zoom is not the day you are supposed to use Zoom to appear in court.
Check your display name. A court got very angry with a man whose display name was "buttf*****3000." Do not be that man. Some courts have local rules that say what your display name needs to be. When in doubt, just use your name.
Check your filters. Do not show up to court as a cat.
Choose an appropriate background. If there is a lot of activity in the background, many platforms let you blur your background. If you select an image as your background, choose one that is professional. We advise against background images that are very dark, as this can cause flickering. We also advise against anything featuring outer space, both because the image will be dark, but also because you do not want to portray that you are high in any respect. It should also go without saying that you should not conduct court business from a bathroom.
Make sure your phone or internet connection is good.
Make sure your phone or device is fully charged before court.
Avoid appearing by video or phone outside whenever possible. Wind and other ambient noise will make it hard to hear you.
Make sure your face is fully visible, if you are appearing by video.
Make sure there is appropriate lighting, if you are appearing by video.
Stay stationary. If you are on video, walking around is distracting. But regardless, walking around can disrupt your signal.
Mind your body language. You are still in court.
Do not appear from bed or while laying down.
Stay muted unless you are speaking.
Make sure you are fully clothed. It may be tempting to pay attention only to your top because that is all you plan to show on video. But mistakes happen.
Do not appear from a moving vehicle.
If you are not legally able to drive, do not appear from a vehicle at all, unless your only alternative is to appear outside. In which case, sit in the back seat or passenger seat without a seatbelt on. Consider explaining why you are in a vehicle when it is your turn to speak.