Sage-Tips

Do you have to respect a judge?

A judge is an individual who deserves your utmost respect. Not only should you respect them as an individual, but you should respect them because they are appointed to uphold the law so showing your respect for a judge, you are also showing respect for the law itself.

Do you refer to a judge as Your Honor outside of court?

Address the judge only as “your honor” when addressing the judge in the courtroom. Refer to the judge as “the Court”, “his honor,” or “her honor” if you need to refer to the judge while addressing a witness or the jury. Stop speaking if the judge begins to speak.

What should you not do while testifying in a court case?

Avoid distracting mannerisms such as chewing gum while testifying. Although you are responding to the questions of a lawyer, remember that the questions are really for the jury’s benefit. Jurors who are or will be sitting on the case in which you are a witness may be present in the same public areas where you will be.

What happens when a jurist is wrong?

However, every litigator will eventually encounter a jurist who is undeniably flat-out wrong on an issue. Whether the error is a ruling on an objection or a misapplication of the law, this scenario can leave both judge and litigator in a pickle. This practice point seeks to clarify your options when this inevitably happens.

What happens if I object to a court ruling?

If your objection results in a questionable ruling by the court, make a record of it with an offer of proof to preserve the record for appeal and move forward. Unfortunately, there are times when a judge’s misunderstanding or misapplication of the law is material but the issue cannot be remedied via a later appeal.

What happens if a witness gives inconsistent testimony?

Sometimes witnesses give inconsistent testimony – something they said before doesn’t agree with something they said later. If this happens to you, don’t get flustered. Just explain honestly why you were mistaken. The jury, like the rest of us, understands that people make honest mistakes.