Court Etiquette: Everything You Need To know

Dress Code

Proper attire is crucial when attending court proceedings in NSW. For lawyers, this typically means wearing formal business attire. Men should wear suits, dress shirts, ties, and dress shoes.

Women should opt for formal business suits, dresses, or blouses and skirts with closed-toe shoes. It’s important to avoid overly casual or flashy attire.

For the public, including witnesses and defendants, similar rules apply. While a strict business attire might not be mandatory, neat and respectable clothing is expected. Avoiding clothing with offensive or inappropriate language or imagery is a must. Accordingly, proper court attire is an important aspect of court etiquette.

Punctuality

Punctuality is of utmost importance in a courtroom setting. All participants, including lawyers, defendants, witnesses, and the public, should arrive early, be at court on time and be ready for proceedings to begin at the scheduled time. Tardiness can disrupt proceedings and reflect poorly on those involved.

Addressing the Court

When addressing the court, it is important to show respect for the judge and the legal process. Always stand when speaking to the judge, and refer to them as “Your Honour”. Speak clearly and directly, addressing the judge and not other participants in the case. In addition, although not legally required, bowing your head when entering or leaving the court is a a sign of respect to the court.

Avoid interrupting others while they are speaking, and wait for your turn to address the court. This demonstrates courtesy and ensures that everyone has a fair opportunity to present their case.

Electronic Devices

In NSW courts, the use of electronic devices, including mobile phones and other electronic equipment is generally not permitted during proceedings. They should be turned off or set to silent mode. Exceptions may be made for lawyers or parties who need to refer to electronic documents during the proceedings.

Language and Behaviour

Using respectful and appropriate language is imperative in a courtroom. Avoid using slang, offensive language, or engaging in disrespectful behaviour. This applies to all participants, including lawyers, witnesses, defendants, and the public.

Rising for the Judge

In NSW, it is customary to stand when the judge enters or leaves the courtroom. This is a sign of respect for the authority of the court.

Courtroom Decorum

Maintaining proper decorum in the courtroom is essential. This includes refraining from unnecessary movements, gestures, or facial expressions that may be distracting or disrespectful. Additionally, eating, drinking, or chewing gum in the courtroom is typically not allowed.