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Foundations · Tier 1

Who's who in a courtroom

Who's who in a courtroom

A first visit to a courtroom can be disorienting. People are sitting in specific places, wearing specific things, and performing specific roles: and almost no one introduces themselves. Knowing who does what makes it much easier to follow what's happening.

This lesson walks through every role you'll typically see in a courtroom, what they do, and how to interact with them.

The judge

The judge sits at a raised desk called the bench at the front of the courtroom, usually wearing a black robe. They:

  • Run the proceeding: calling the next case, recognizing speakers, controlling the schedule
  • Rule on objections in real time during testimony
  • Decide what evidence the jury can hear
  • Apply the law to the case
  • Decide cases where there's no jury (in bench trials)
  • Sentence criminal defendants and enter judgments in civil cases

How to address them: "Your Honor" or "Judge." Always stand when the judge enters or leaves the courtroom unless told otherwise.

What you can't do: address the judge directly during another party's hearing, interrupt them, or argue with their rulings during testimony. If you disagree with a ruling, you can preserve your objection on the record but you can't litigate it on the spot.

The clerk

The clerk sits next to or near the judge: typically a person at a desk with a computer. They:

  • Keep the official record of what happens in the courtroom
  • Mark exhibits as they're introduced
  • Swear in witnesses
  • Manage the case file
  • Sometimes call the case ("calling the matter of Smith versus Jones")

The clerk is the practical air-traffic controller of the courtroom. If you have a procedural question (which exhibit number is next? what's the case file number?), the clerk can usually answer it.

Note: there are two related "clerk" roles. The clerk of court is the elected or appointed administrative head of the court, whose office handles filings and maintains records. The courtroom clerk is the person actually present during hearings. We're talking about the latter here.

The court reporter

The court reporter sits near the front of the courtroom: often with a small machine that looks like a typewriter (a stenotype). They create a verbatim transcript of everything said during the proceeding.

Not every hearing has a court reporter. Routine motion hearings often don't. Trials and major hearings almost always do. Without a reporter, there's no transcript: and without a transcript, an appellate court has limited ability to review what happened.

If you're a pro se litigant and the proceeding is being reported, speak clearly, don't talk over others, and identify yourself when you speak ("This is John Smith, plaintiff"). The reporter has to be able to capture your words and attribute them.

The bailiff

The bailiff is the uniformed officer in or near the courtroom. They:

  • Keep order: escorting people out if they disrupt
  • Escort the jury in and out
  • Open and close court ("All rise: the Honorable Jane Doe presiding")
  • Handle in-custody defendants
  • Sometimes handle exhibits, especially physical ones

In federal court, this role is filled by U.S. Marshals. In state court, it's typically a county sheriff's deputy.

Be polite and follow their instructions immediately. Bailiffs have authority to remove anyone, and they can place you under arrest for disrupting court.

The parties

Civil cases have a plaintiff (the one who filed) and a defendant (the one being sued). Criminal cases have a prosecution (representing the government) and a defendant (the accused). Family law and probate cases sometimes use petitioner and respondent instead of plaintiff and defendant.

Parties typically sit at counsel tables in front of the judge: usually with their lawyers, if they have lawyers. The plaintiff/prosecution is usually on the side closer to the jury box; the defense is on the other side. (Conventions vary by court.)

If you're a party, dress conservatively: business attire if you have it, business casual if not. Avoid graphic t-shirts, hats, sunglasses, and anything that signals disrespect. First impressions matter to judges and juries.

The lawyers

If a party has a lawyer, that lawyer sits next to them at the counsel table. Lawyers handle the actual legal work: making arguments, examining witnesses, raising objections, addressing the court.

Address them as "Counsel" or by their last name ("Mr. Garcia" or "Ms. Lee"). They'll address you the same way.

If you're pro se (no lawyer), you sit in the lawyer's seat and do the lawyer's job yourself.

The jury (in jury trials)

The jury sits in a separate area called the jury box: usually 12 (sometimes 6) chairs along one side of the courtroom. They:

  • Listen to the evidence
  • Decide the facts (what actually happened)
  • Apply the law (as instructed by the judge) to those facts
  • Reach a verdict

Don't speak directly to a juror during a trial: even saying "good morning" can lead to a mistrial. Don't try to make eye contact for advantage. Don't react visibly to testimony in front of them.

Most cases never reach a jury. Most that go to trial have a bench trial (judge alone). But when a jury is empaneled, they're the most important audience in the room.

Witnesses

When called to testify, witnesses sit in the witness stand: a chair to one side of the bench, often elevated. They:

  • Get sworn in by the clerk
  • Answer questions from the lawyer who called them (direct examination)
  • Get cross-examined by the other side's lawyer
  • Sometimes get redirect, recross, and so on

Witnesses are usually allowed only in the courtroom while they're testifying. They wait outside otherwise so they're not influenced by what other witnesses say. (This is called "sequestration" and it's a standard rule.)

Witnesses can include:

  • The parties themselves (when they testify)
  • Fact witnesses who saw or know something relevant
  • Expert witnesses who give opinions on technical matters
  • Records custodians who authenticate documents

Spectators

The seating area at the back of the courtroom (often called the gallery) is open to the public in most cases. Anyone can walk in, sit, and watch: no permission, no fee. Some kinds of cases (juvenile, certain family matters, matters under seal) are closed to the public.

If you're attending as a spectator:

  • Dress respectfully (no shorts, hats, or graphic t-shirts in most courts)
  • Phones off, no texting, no recording without permission
  • Don't speak unless invited
  • Stand when the judge enters or leaves
  • If you're observing as part of a study or article, the bailiff may ask why you're there: be honest

The U.S. Marshal or Sheriff (sometimes)

If the case involves an in-custody defendant, you'll see additional security personnel guarding them. They're not normally part of the proceeding: they just keep custody.

A note on practitioners visiting

Lawyers often sit in the gallery to watch other lawyers work: especially before their own hearings. If you see well-dressed people in the back taking notes, they're probably attorneys watching the proceedings as practice or research.

The procedural choreography

Court has its own rhythms. The bailiff calls everyone to attention. The judge enters. Cases are called by the clerk. Lawyers stand to address the court and remain seated when not speaking. Witnesses are sworn before testifying. Objections are raised standing and ruled on immediately. The end of a hearing is announced ("Court is adjourned").

Once you've watched a few hearings, the choreography starts to feel natural. Until then, the safe rule is: stand when others stand, sit when they sit, speak only when addressed, address the court formally.


This lesson is research and educational information, not legal advice. Local courts have their own customs and quirks beyond what's covered here. If you have a specific hearing coming up, watching another hearing in the same courtroom beforehand is a low-cost way to get oriented.