Court room procedure

If you have never been to court before, it is useful to know what to expect. Your lawyer is likely to explain most of the court room procedure to you before your matter arises. So to reiterate what your lawyer will tell you and especially if you are unrepresented, here are a few tips on what to anticipate in the court room particularly in a trial.
1. Speak slowly, loudly and clearly: All court rooms may not be equipped with microphones- so speak up! Remember to address the court in a respectful manner and talk very slowly as counsel and the ‘judge’ will be taking notes on what you are saying.
2. Dress appropriately for the occasion: No shorts, short skirts, sleeveless tops, or jeans please. Try to look as smart as possible. If you have a suit, this is an excellent opportunity to wear it.
3. Answer all questions accurately: questions will be posed to you by both your attorney and the attorney on the other side. Answer all questions truthfully, and politely.
4. Are you the claimant or respondent? In a civil matter, if you have brought the claim, you would be the claimant or applicant. The person you brought the claim against would be the respondent. Similarly, in criminal matters, the person who brought the claim is the claimant, but the individual you have brought the claim against would be the defendant.
5. In which court will your case be held? Know where the court is located before the day of trial. The High Court is on Peynier Street, the Family Court is directly opposite to the High Court, and the Magistrates Court, is downstairs the same building of the High Court. A, B and C courts are in different locations. That is only in Castries, there are a few courts throughout the island as well.

6. Prosecution case: In whichever court you appear, the Prosecution always presents their case first, followed by the Defence’s case. There will be interjection from the Defence during the Prosecution’s case and vice versa, however, the format remains the same.
7. Defence case: Once the Prosecution have presented their case, that is called all of their witnesses, and closed their case, then the Defence follows a similar format.
8. Examination in Chief: During the Prosecution and Defence case, questions posed to the witness by their own lawyer would be called Examination in Chief. This means the questions will be designed to get the story out of the witness in a chronological order, so that the ‘judge’, and opposing counsel, and jury (if present) can follow.
9. Cross Examination: Similarly, cross examination is the opportunity for the opposing counsel to ask the witness questions. The questions will try to establish any gaps in the evidence that were uncovered during the examination in chief.
10. Opening and closing speeches: As the names suggest, opening speeches are given by both lawyers at the beginning of the trial, and closing speeches are given to summarise the contents of the trial. These summaries are useful in highlighting the strengths and weaknesses of the cases for both sides.
Trudy O. Glasgow is a practising attorney at the law firm Gordon, Gordon & Co., (and has also taught law at University level in the UK)*
This column is for general use only, for advice specifically for your case, please see your lawyer.
Next week: Courtroom etiquette