Hello Mates,

I got stuck at a specific point -- Courtroom, Yes. It's part of my work. Whenever a judge enters a courtroom to hear any case:

What's the first thing she/he does?

Then, how the hearing get started?

I know it's quite difficult to reply, but someone may have some experience.

Any reply would be appreciated.

Thanks in advance.


Michael

Criminal or civil? County court or Royal Courts of Justice?

Hi!

For Criminal Court.

I think it partly depends at what stage of the trial you're at. If it's right at the beginning of a criminal case, you may well want to start with the jury selection, which can take the better part of a day (a friend of mine recently marshalled at a murder case at the Royal Courts of Justice, and nothing much happened for the first three days - the first witness statements were only made on the fourth), but presumably you're wanting to jump straight into the 'action'?..

As far as I know, the first thing that will happen is that everyone rises, and counsel, clerks/ushers, etc. bow to each other. It's actually the clerk who kicks things off, although the judge may then take a moment to explain to the jury what's about to happen - I think this probably varies from jduge to judge. You'd then move straight into opening statements from the prosecution.

Best place to start is probably Her Majesty's Courts Service - lots of info here:

http://www.hmcourts-service.gov.uk/

(Just whatever you do, don't refer to the judge as 'Your Honour'!)

Thank you very much

Your post is very useful, and thanks for the Web link. I just spent more than an hour on here http://home.mcn.net/~montanabw/crtrules.html.

There are so many things I came to know. But, what do you mean

(Just whatever you do, don't refer to the judge as 'Your Honour'!)

"Your Honor" is not said in UK's Court?

In the criminal court, it's 'My Lord'

<Added>

ie, Old Bailey.

okay ! Thanks for your time.

Hi
I am actually a criminal lawyer. I should pick up on the "your honour" comment. It is "your honour" in the Crown Court which I am guessing is the classic criminal court that most authors have in mind. "My Lord" is only High Court or if what we call a Red Judge (high ranking judge with certain specific rights and obligations) is sitting in the Crown Court for a particular reason. The Old Bailey is usually "My Lord" simply because so many Red Judges are based there.
There is also the magistrates' court (note no capitals for this court as opposed to Crown and High Courts) where the judge or lay bench are referred to as Sir or Madam (the chair is addressed individually - the wingers are usually ignored) or if you want to mark yourself out as an inexperienced advocate, "your worship".

If you are starting the first day of a trial, you will probably be the first case on the court's list so the court day will formally commence with the entrance of the judge. The first words spoken are actually by the court clerk who opens the door for the judge and says "Court rise. All persons having any business with the court, draw near and give your attendance. God save the Queen." or something along those lines - I never pay much attendance.

The defendant will already be in the dock and the clerk will then ask them to rise and identify them.

The prosecuting counsel will then rise and introduce himself. "May it please your honour, I appear for the Crown in this matter. M'learned friend, the most amazing AnneC defends."

The first thing the judge is likely to say is "Yes" in a "here we are, what's going on" type of way or he/she might say "Are we ready to proceed today."

Hope that gives a rough idea.

<Added>

ETA

I never pay much attention, I meant to say. I do give attendance - I find it is frowned upon if I don't!

I should also add that if you are serious about writing about the workings of a court room then there is absolutely no substitute for going and sitting there for a morning. I can say with absolute certainty that I could spot writing by someone who has never been in a courtroom a mile off. There are so many idiosyncracries and myths about the courts that you can't hope to learn them in theory alone.
I know someone who was the consultant on a well-known court room drama and was constantly overruled because they wanted "better TV". Until she told me of her involvement I would never have imagined they even had a knowledgeable consultant - it jarred very, very badly.

Sorry for multiple posts - I keep thinking of things I should have said. There is a very particular, slightly archaic tone that characterises the language of the higher courts. If you could capture that, then you would probably read plausibly. For example, if you go and sit in a busy morning list and hear many different advocates, you might notice (you should notice!) that the judge is never, ever addressed as 'you'. It is always your honour, the third person which creates a bit of a jawbreaking grammatical obstacle course on occasion. "perhaps your honour will recall how your honour's clerk provided your honour with a copy of the photos for your honour's perusal."

It is that sort of thing that, if captured, leads to credible tv or credible writing, because it sounds how the generals public expect a court to sound.

Hi Anne,

Thanks a lot for your long post. No, you needed not to say "Sorry for multiple posts". They are so helpful to me.I didn't know here is a lawyer! Yesterday night, I googled 'sample court transcript' and got so many. And I reading them, and I think they are original in pdf, especially the terms and terminology they use, and the way they speak, I didn't know. But they are so lengthy too, and even confusing, however I learned so many things what actually happen in the courtroom.

Actually, my work is totally fantasy, out of human laws, but at least I needed to know what the basic procedures of the courtroom, you may have seen the Fifth Harry Potter movie, in which Potter is called in the court for breaking Magic Laws,.. so something like that.

I would like to contact here in the future, if you don't mind.

Thank you very much, Anne.

Michael