In some hearings, such as those dealing with traffic ticket offences under BC laws, judicial justices preside without Court Clerks. When a witness testifies in a hearing or trial, they are first asked to step into the witness box.
They stand while swearing an oath or making a solemn affirmation to tell the truth. The judge will likely then invite them to sit if they wish, or tell them they may sit or stand during their testimony. A witness box usually has a seat with a ledge in front of it to hold papers the witness may be asked to look at. This means anyone who will be testifying in the trial, except for the parties involved, must leave the courtroom and wait outside until they are called to testify.
Drinking water is not being supplied during the pandemic, so witnesses may bring their own water in a clear plastic bottle no larger than one litre and take it with them when they leave. During the pandemic witnesses are required to wait outside the courthouse within a thirty minute distance, so they can attend to testify after being contacted.
Lawyers or people representing themselves in a trial stand by a raised lectern on the counsel table and use it to rest their notes when they are questioning witnesses or making opening and closing submissions to the judge. If they have a lawyer, their lawyer stands beside them. Lawyers will introduce themselves and the parties to the judge, giving their names and correct pronouns, or the judge will ask people for their names and pronouns.
People are welcome to observe most courtroom proceedings, subject to current limitations to maintain physical distancing in courthouses and courtrooms. However, members of the public may not use electronic devices of any sort to transmit or receive text, audio- or video-record, photograph or digitally transcribe, any court proceedings.
Electronic devices include smartphones, cell phones, computers, laptops, tablets, notebooks, personal digital assistants, Google glasses and similar devices. What should I expect in court? Who are the personnel in the courtroom?
Judge : The judge is an elected official who is in charge of the courtroom. The judge usually wears a robe and sits at the front of the room. The judge presides over cases, rules on various matters, and decides the outcome of a trial if there is not a jury. Magistrate : The magistrate is an appointed court official. In small claims court, the magistrate has the role of a judge, is in charge of the courtroom and decides cases.
Clerk of Court : The Clerk of Superior Court is an elected official who is responsible for court recordkeeping. Clerks also decide certain types of cases. The elected clerk of court hires assistant and deputy clerks of court to assist with the business of the courts. In a courtroom with a judge, the courtroom clerk is responsible for keeping track of the results of cases and making a recording of the court session, if a recording is required.
The clerk of court also has an office in each courthouse where people file court documents and make payments. The bailiff will typically be in uniform. If you have questions or concerns in court, you can speak to the bailiff. Prosecutor : The District Attorney DA , or prosecutor, is an elected official who is responsible for prosecuting criminal cases. Are there breaks during court? What if I need to leave the courtroom? What typically happens in a trial?
Trials can be before a judge or jury. A typical trial includes the following stages: Opening Statement : Parties use an opening statement to preview their case for the judge or jury. Parties are not required to make an opening statement. The plaintiff or prosecution may cross-examine any witness who testifies. The defendant may cross-examine any witness who testifies. Closing Arguments : Parties use closing arguments to summarize their case for the judge or jury.
Parties are not required to make closing arguments. Closing arguments cannot include new evidence or information that was not presented in the trial. How should I prepare to be a witness in court? You can talk to the attorney who will be calling you as a witness about the subjects he or she plans to ask you about, and the questions he or she expects the other party to ask you.
When testifying, you should listen closely to the questions you are asked and answer those questions. If you do not understand the question, you can ask the attorney to repeat or rephrase it.
You can take a moment to think about the questions before answering. When testifying, you will be under oath. Legal Information. Criminal Law Information. Proof and Defenses in Criminal Cases. Getting a Lawyer for your Criminal Case. Steps in a Criminal Defense Case. Arraignment: Your First Court Appearance. Plea Bargains in a Criminal Case. Legal Elements of Common Crimes.
Expungement and Criminal Records. Should I just plead guilty and avoid a trial? Is the public defender a real lawyer? Can I change defense lawyers after I've hired one? How long after arrest do I find out what the charges are? See All Common Questions. Related Products More. Criminal Law: A Desk Reference. Law Library. Mail Room.
Other Courtroom Components. Press Accommodations. Public Information and Wayfinding. Public Restrooms. Public Waiting Areas. Sheriff and Process Servers. Small Meeting Rooms. Traffic and Arraignment Courts. Vending Areas. Waiting Areas. Other courtroom components necessary for the efficient completion of a trial or hearing, depending upon the type of trial or hearing include:. A courtroom entrance or vestibule serves as a transition between the courtroom and the public circulation areas.
It also blocks noise from the adjacent corridor. Typically, the vestibule consists of two sets of doors. Glass panels should be placed in both sets of doors to allow viewing of the proceedings. The distance between the doors should be regulated by applicable codes, but generally eight-to-ten feet are recommended.
The vestibule should permit easy passage of a wheelchair. The vestibule entry may also include space for a coat closet and umbrella stand. The public entrance to the courtroom should be lockable to provide security when the court is not in session.
Special Counsel Station.
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