I have been a judge with the Los Angeles Superior Court for approximately 19 years. I have observed countless hours of attorneys in court, ruled on thousands of motions, and presided over several hundred trials. I am often asked by attorneys about the best practice tips for excelling in the courtroom. So from time to time, I am going to offer a few of my best ideas on how to succeed in court.
Today, I’m going to start with sidebars. The term “sidebar” refers to an area in the courtroom next to the judge’s bench where the attorneys may be given permission to speak with the judge outside the presence of the jury. The primary purpose of a sidebar is to allow attorneys to communicate with the judge off the record in order to expedite certain proceedings or to advise the court of an important legal matter. The judge can then decide whether the matter raised at sidebar needs to be placed on the record or requires some additional action.
An attorney can request a sidebar by stating to the judge, “Your Honor, may I please request a sidebar?” or “Your Honor, may we please approach the bench?” The attorneys should always wait for the Court to grant permission before approaching the sidebar.
My advise to attorneys is to use sidebars sparingly and appropriately. Only ask the judge for a sidebar when it is a true emergency or can’t wait for the next break. Remember, sidebars interrupt the flow of trial and waste the jurors’ time. Before each of my trials, I always discuss the issue of sidebars with the attorneys. Likewise, I recommend that attorneys do the same with their trial judge before starting trial, as each judge may have his or her own approach to the use of sidebars.