The Protocols Of Appearing In Court
If the judge asks you a question and you want to respond or if you have a question to ask him or her, the best choice is to say “Your Honor.” There are some exceptions. If you happen to be a witness at a bail proceeding, then you will likely be before a Justice of the Peace who is known as “Your Worship.” But you can never go wrong with “Your Honor.” I don’t think any judge is going to criticize a witness for not knowing the fine points between a judge and a justice of the peace. The important thing is that you recognize that he or she needs to be addressed respectfully.
A witness will almost always be given the choice to sit or to stand during testimony, and, if your testimony is of any length, there’s nothing wrong with sitting down. That’s not going to be credited against you in any way.
When you are speaking, you need to remember to focus on the person who is asking the questions. Even though the judge or jury is ultimately going to deal with the information you are giving, your eye contact should mostly be with the person who is asking you the question. As a witness, your job is to engage in a respectful conversation with the questioner. The jury will pick up on that respect, see that as a hallmark of honesty and credibility, and give weight to what you’re saying. They are listening very carefully. They are closely observing the questions and answers that go back and forth between you and the lawyer and that’s where your focus should be.
You also should not be posing questions back unless it’s something very specific like, “Can you repeat that question?” or “I didn’t understand what you meant by that.” If you need a moment, you can ask for that too by asking the trial judge: “Can I just get some water,” “I need a minute here,” “I need a bathroom break.” Those are all very legitimate things to ask for.
There is some language that is not appropriate in court, but sometimes you are asked to repeat exactly what was said. In that case, don’t worry. The judge has always heard worse than whatever you will be telling them but be respectful about that. When testifying, you also need to speak slowly so that the court reporter, the judge, and all the other people who are in court who are taking notes on this matter can record it. Speak loudly for the same reason and be forthright and honest. That is really the best advice we can give.
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If you, or someone you care about, is dealing with criminal law issues in the Toronto,Ontario Region, contact Adler Bytensky Prutschi for a consultation.
