The Day of the Hearing
This page provides information that can help you if you must visit or appear before a court.
Appearance Before the Court
What are the rules of conduct that apply to all who are present in the courtroom?
The marshal of the court will make sure that everyone observes the following rules:
- keep silent
- no eating or drinking
- no chewing gum
- no comments of approval or disapproval
- no smoking
- keep electronic equipment (such as cell phones, tablets, cameras, recording devices, electronic games, among others) turned off or in silent mode, except as provided in Canon 15 of Judicial Ethics
- due to the nature of court proceedings, it is advisable to attend without children.
- maintain respect and decorum
- follow the marshal’s instructions (for example, instructions to stand when the judge enters and exits the courtroom)
- sit, when so instructed
What should I do if I am called to testify or offer a statement in a case?
If you are subpoenaed to testify or offer a statement in a case, you must:
- Appear where you were instructed to, and identify yourself with your first and last names.
- Make an oath before testifying.
- Always tell the truth.
- Address the judge by their title: “Judge,” and do so respectfully.
- Show respect to the judge, to court staff, to opposing counsel, and to others present.
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- Verbalize all answers, except for individuals with a speech impediment, since the proceedings are recorded. That is why answers must be heard clearly.
- If you have a hearing impediment, you must inform the court before the day you have been subpoenaed so that the corresponding arrangements can be made for assistance to be available on the day of the hearing.
- Use a moderate tone of voice; do not shout or mumble since the microphones in the room do not amplify, but merely record.
- Avoid making gestures or statements that interrupt the proceedings, even if you do not like what you hear or do not agree with what is said; stay calm, do not lose patience or get uneasy.
- Make sure you understand each of the questions you are asked. If you do not understand something, ask the person to explain or to repeat it. Do not feel pressured or shy because you did not understand what you were asked.
If you cannot attend on the day you were subpoenaed, contact the court. You may be held in contempt of court (which is a crime that punishes noncompliance with a court order) if you fail to appear after being subpoenaed without good cause and you may be arrested.
If you are a party to the case, what must you do in the courtroom during the judicial proceeding?
During the judicial proceeding, if you are a party, when the courtroom clerk calls the case, stand behind the podium and identify yourself with your first and last names.
- If you are the plaintiff (the person who filed the case) and:
- are representing yourself, you will first speak and present your request and the remedy or the solution sought clearly and succinctly.
- are represented by counsel, your attorney will address the judge, unless you are asked to answer any questions made by the parties or by the court.
- If you are the defendant and:
- are representing yourself, when the plaintiff finishes presenting their request, you will have the opportunity to state your position and arguments clearly and succinctly.
- are represented by counsel, your attorney will address the judge, unless you are asked to answer any questions made by the parties or by the court.
What happens once all the evidence is presented in the case?
At that time, the case will have ended and the judge may issue their decision immediately or at a later time.
What should you do if you disagree with the court’s decision?
If you disagree with the judge’s decision:
- Avoid making disrespectful comments.
- If you are representing yourself, respectfully address the judge to ask the court to reconsider and state your grounds (tell the judge why you disagree).
- If you are represented by counsel, your attorney will ask the court to reconsider, either orally or in writing, with your advice and consent.
- If your request is denied, you may appeal the court’s decision in accordance with the law.
Revised: February 2023