How to Behave in Court: A Guide to Courtroom Etiquette

The court is a serious institution. Many people feel lost when they cross its threshold; others are outright terrified. Most don’t know how to behave in court – what they can do, what they can’t, and what they definitely should.

Despite my years of experience as an attorney-at-law, I still encounter many first-time court attendees (for example, people going through their first divorce).

Upon entering the court building, petitioners – some more obediently than others – line up at the security checkpoint, where court guards screen for dangerous items. It resembles airport security and often causes confusion, but it’s a necessary measure. Sadly, there have been multiple attempts to “settle” disputes with axes, knives, or cleavers. Two of my clients once tried to bring machetes with 50-centimeter blades into the court building. When asked why, they replied – in unison – that the machetes were “decorative.”

So, to be absolutely clear: do not bring into the courthouse any weapons, ammunition, or anything that looks like it belongs on a battlefield. Animals – even cute ones – should also stay at home.

Fashion is another battlefield. Not everyone keeps up with the latest trends, and not everyone should. While the streets and nightclubs are full of flamboyant outfits, court is not the place to show off your wildest wardrobe choices. Luckily, there’s no fashion police in court – if there were, the hallways might be empty. But courtroom style should still respect some basic standards of taste and decency.

Shorts, for example, are perfect for a summer stroll by the beach – not for a court hearing. Loud, unbuttoned shirts in Rio carnival colors are also best saved for other occasions. Women should avoid miniskirts or low-cut dresses – not because they lack the right to wear them, but because court is not the place to distract participants. Fair is fair.

It’s worth remembering that individuals whose appearance or behavior doesn’t reflect the dignity of the court may not be allowed to attend the hearing.

Court, ideally, should be a place of seriousness, respect – and yes, at least a touch of elegance.

When going to court, bring your ID card or another valid identity document, and also the notification or summons you have received. It contains the courtroom number and case reference number.

Few things are worse than nervous, sweaty crowds pacing around court corridors, frantically looking for the right room.

So – your ID and your written “invitation” are essential.

Court proceedings are hosted by the court. The bench may consist of one judge or several, including lay judges, depending on the case type. For example, first-instance civil cases in district courts are usually heard by a single judge, while divorce cases involve one judge and two lay judges. Criminal cases in the court of first instance are also handled by one judge and two lay judges.

Judges and lay judges wear black robes with a purple jabot and sit behind the judges’ bench. They’re accompanied by a court clerk, who diligently records the proceedings on a computer (finally, some tech!). Nowadays, even clerks sometimes wear black gowns.

You can identify the roles of participants by the color of their jabots:

Red: public prosecutor
Green: attorney-at-law
Blue: legal advisor

When your case is called, don’t open the door and peek in until you’re invited. Delays happen, but that’s no reason to interrupt. You’ll find your case listed on the docket, a schedule of all hearings for that courtroom on that day.

The docket is usually posted on the courtroom door or nearby. Each entry includes the case number (e.g., III K 233/09, where III is the division, 233 is the case number, and 09 is the year it was filed), the names of the parties involved, and the scheduled start time. Cases already heard are often marked with a red pen.

When your case is called, enter the courtroom with your ID. All participants – including parties (plaintiff, defendant, applicant, respondent, injured party, etc.) and witnesses – should enter.

Everyone should sit down (except for witnesses).

Seating rules:

Those sitting on the right side of the courtroom (facing the bench):

Victim
Auxiliary prosecutor
Prosecutor
Plaintiff
Applicant

Those on the left side:

Defendant (often accompanied by police officers – the good news is: the handcuffs come off)
Respondent
Other participants, if space allows

Witnesses, however, do not sit down. They’re called in initially so the court knows who is present, and then asked to leave the courtroom – sometimes for a few minutes, sometimes several hours (good luck!). I recommend bringing something to read – but maybe skip the Fakt newspaper.

Eventually, the clerk will summon the witnesses back into the courtroom.

Important: if someone disturbs the dignity, peace, or order of the proceedings – or shows contempt for the Court or others – they may be fined up to twice the minimum wage, or even jailed for up to seven days. So… patience is a virtue in court.

When entering the courtroom, it’s polite to say “Good morning” or “Good afternoon”. Luckily, hearings happen during the day. Hats should be removed. No chewing gum, sandwiches, or drinks are allowed. You must also be sober and free of intoxicating substances. Phones should be turned off.

When the Court enters or exits, everyone should stand. If the Court addresses you, or you speak to the Court, you should also stand – unless the presiding judge allows otherwise.

When speaking to the Court, use the phrase “Your Honor.”
Address the Court not only when testifying, but also when answering questions from other participants. Listen carefully. Do not shout, interrupt, or comment on others’ statements. Don’t prompt or whisper to anyone testifying.

With very few exceptions, only adults (unarmed!) may be present in courtrooms. Minors and armed individuals may only attend if explicitly permitted by the presiding judge. As for toddlers – best leave them with someone who can look after them.

By following these simple rules, your time in court can be a smoother, less stressful experience – maybe even a positive one.