Court Etiquette and Procedures

Court Etiquette and Procedures

Going to court can feel intimidating, especially when living with a brain injury. Understanding what to expect, how to behave, and who does what in a courtroom can help you feel more prepared and confident. This guide walks you through courthouse basics, courtroom rules, helpful tips, and the roles of everyone involved.

+ What is a Courthouse?

A courthouse is a place where judges, and sometimes juries, decide if someone has broken the law.

It starts with someone allegedly breaking the law, which is reported to the police. If police believe there is sufficient evidence of a crime, they lay a charge or charges. The person who is charged becomes the defendant. Police or a Prosecutor may want to interview a defendant — a defendant should NEVER speak to police or a Prosecutor without first getting advice from their lawyer.

Once charged, a defendant has a choice to plead guilty or not guilty, and then a trial occurs.

+ What to Do Upon Entering the Courthouse

When you arrive at the courthouse:

  • Before you enter any courtroom, you may be searched. There may be metal detectors and court security at the entrances. Court security officers may ask to search your belongings, including briefcases, backpacks, and purses. Make sure you do not have any knives or sharp objects — these items may be taken away and you may not be allowed in.
  • Check the daily hearing list for the courtroom number and time. If you cannot find what you are looking for, ask a member of court staff.
  • Do not take photographs anywhere in the courthouse unless a judge has given you permission.
  • Make sure to be on time. If you are late, you may be asked to wait outside until there is a break in proceedings.

Inside the courtroom — Do's and Don'ts:

  • Anyone can usually join court proceedings. If a sign is posted on the courtroom door saying proceedings are not open to the public, do not enter.
  • Turn off your cellphone before entering. You are not allowed to use electronic devices in courtrooms unless the judge allows it. If you require these as a memory aid or accessibility device, let your lawyer know.
  • If you do not have a lawyer, a duty counsel can make requests on your behalf. You can also call the court clerk if any accommodations are needed.
  • Do not eat or drink in the courtroom. Do not chew gum during court. If gum helps with anxiety or is needed for a medical reason, speak with your lawyer or duty counsel — they will speak to the judge on your behalf.
  • Smoking is not allowed.
  • Dress appropriately and conservatively — wear your best clothes (clean, no rips or tears, no offensive language or logos).
  • Do not wear hats or headwear except for religious reasons. Do not wear sunglasses unless for a medical reason. If sunglasses, hats, or noise-cancelling headphones are required, let your lawyer or duty counsel know in advance — before the judge enters the room.
  • If you require a mobility device, advise the court in advance through your lawyer or duty counsel so that an accessible room can be arranged.
  • When the courtroom is open, find a seat in the gallery. Standing is not allowed.
  • When the judge enters, everyone must rise to show respect. If standing is difficult due to balance, mobility, or chronic pain, tell your lawyer or duty counsel before the proceedings begin.
  • Remain standing until the registrar invites you to be seated.
  • Remain silent throughout the proceedings. If you need to speak to someone, step outside. If self-talk is part of your challenges, let your lawyer know.
  • Stand up whenever you speak to the judge or the judge speaks to you.
  • If addressing a judge or master of the Superior Court of Justice, call them "Your Honour".
  • Each court has a morning, lunch, and afternoon break. The timing is up to the judge.
  • Follow any direction given by court staff. If you do not follow their direction, you may be asked to leave.
+ Courtroom Tips

You might be asked about things you do not remember or about things that did not happen. If you do not remember, say "I do not remember." Do not guess. If you know something never happened, say so. If you forget the order in which things happened, that is okay. The most important thing is to tell the truth.

If you begin to feel overwhelmed and need a break, let your lawyer know. It is easy to get confused if you are asked too many questions at once. You can ask your lawyer to make sure you are only asked one question at a time.

+ Court Roles

The Role of the Judge
The judge listens carefully to everything said in court and decides whether a law has been broken. The judge hears all the witnesses and puts all the pieces of information together — like a puzzle — before making a final decision on whether the accused is guilty or not guilty.

The Role of the Crown Attorney / Prosecutor
The Crown Attorney is the person who prosecutes the accused. In court, you may hear the Crown Attorney refer to the defence lawyer as "my friend." This is simply a term of professional respect — not a personal friendship.

The Role of the Defence Lawyer
The defence lawyer's job is to help the accused. If you have been charged with a crime, a defence lawyer will represent you.

The Role of the Court Clerk
The court clerk helps the judge. When the judge enters, the clerk says "All rise," which means everyone must stand. The clerk reads out the charge at the beginning of the trial and may ask if you promise to tell the truth — if so, say "I do."

The Role of the Court Reporter
The court reporter's job is to record everything that is said in the courtroom.

Where Everyone Sits:

  • The judge sits at the very front and centre of the courtroom.
  • The witness sits in a box on the judge's left-hand side.
  • The court clerk and court reporter sit in front of the judge.
  • If there is a jury, the jury members sit in a box on the side of the courtroom.
  • The Crown Attorney and police officer sit at a desk in the middle, facing the judge.
  • The defence attorney sits at a desk to the left of the Crown Attorney, also facing the judge.
  • People watching sit at the back of the courtroom, facing the judge.
  • The court security officer sits behind the defence lawyer and Crown Attorney, in front of those watching.

Role of Witnesses
People who were present during the alleged crime will be asked to tell what they saw or heard. If you do not understand a question, say "I don't understand." If you still do not understand after it is repeated, ask for it to be said in a simpler way.

Role of the Jury
Sometimes, instead of the judge, a jury of 12 people decides whether the accused is guilty. The jury listens to all the witnesses and makes a decision together.

Information adapted from: What's My Job In Court and Ontario Court – Etiquette Procedures.

Things to Keep in Mind at Court

Court can feel fast and overwhelming. These reminders can help you stay focused, communicate clearly, and get the accommodations you need.

Tell the Truth

If you do not remember something, say so. If something did not happen, say so. Never guess — honesty is the most important thing.

Ask for Accommodations

Let your lawyer or duty counsel know about your brain injury and any needs ahead of time so the right supports can be arranged before court begins.

Arrive Early and Prepared

Give yourself extra time to get through security, find the right courtroom, and settle before proceedings begin. Being rushed adds stress.

Before Your Court Date

Knowing what to expect and preparing in advance can make a big difference on the day. Use this checklist to feel more ready and in control.

Tell your lawyer about your needs
Share any accommodations you require — such as seating, mobility support, headphones, or breaks — so your lawyer can arrange these with the court in advance.
Dress appropriately
Wear clean, conservative clothing with no offensive logos or rips. This shows respect for the court and makes a good impression.
Leave sharp objects and prohibited items at home
You will go through security when you arrive. Knives or sharp objects are not permitted and could prevent you from entering the courthouse.
Turn off your phone and bring support tools
Remember to silence your phone before entering the courtroom. Bring anything that helps you stay calm and focused, such as water, a notepad, or a stress ball.

Need Help? We’re Here for You

Our Project Partners

Navigating the Legal System

Get a clear overview of how the justice system works and what to expect along the way.

Court Process & What to Expect

Understand court procedures, timelines, and how to prepare so you feel more confident at each stage.

Meeting with Your Lawyer

Preparing for a meeting with your lawyer can feel overwhelming when living with a brain injury. This guide offers practical information, strategies, and tools to help you communicate clearly, feel more confident, and get the support you need during criminal court proceedings.

+ What Your Lawyer Should Know About You

Sharing information about your history, struggles and things that help you, will support your ability to self-advocate. This information is important to educate your support circle or legal counsel.

While it may feel embarrassing, overwhelming or scary to share information, it will help ensure you get fair and equal access to justice and legal support. Talk to your lawyer about what kind of information will be helpful in your legal process.

The questions below are designed to help you think about what you need. Make notes and bring them to your lawyer’s appointment so they can better understand how to share information with you.

+ Challenges and Strategies Specific to You

To help others understand your specific challenges and needs, circle, highlight or check off what challenges affect you.

Next, circle, highlight or check off the strategies that are helpful to you.

You are the expert of your own situation — add strategies and tools we haven’t listed that you find helpful.

Use this printable PDF as a reminder of how to cope with difficult challenges and share it with your lawyer or any persons in your support network.

📄 Download Printable PDF
+ Communication and Brain Injury: Information for persons with Lived Experience

Brain injury can result in challenges with aspects of communication such as Listening, Understanding and Remembering, Listening and Hearing, Thinking, Speaking and Communicating, and Social Communication.

These challenges can make it harder to follow conversations, remember details, organize thoughts, find the right words, and understand social cues — especially in stressful or noisy environments.

Why these challenges matter in the justice system: Legal conversations are often fast, use complex terms, and happen under stress. Clear communication is essential for understanding what is happening and advocating for yourself.

What Can You Do?

  • Tell your lawyer and probation/parole officer about your brain injury and what helps you communicate.
  • Ask them to speak more slowly and pause between ideas.
  • Ask for important information to be written down.
  • Request clarification using different words if needed.
  • Ask for a quiet room with minimal distractions.
  • Take breaks or deep breaths when needed.
  • Consider requesting a Communication Intermediary in court.
+ Questions for your Lawyer

Complete these questions when you are with your lawyer. You can either print them (PDF), or fill them out online, save and email the form.

If you are recording your answers on paper, be sure to take a picture and save it to your phone, or upload it to a cloud system.

Remember:

  • To give your lawyer a copy of your Brain Injury Identification Card
  • Review “What Your Lawyer Should Know About You”
+ How to Participate in a Virtual Meeting

Always ask permission of participants before recording a meeting.

  1. Ensure you have access to technology, internet and the meeting link ahead of time.
  2. If you need support, ask your lawyer or contact BIST/OBIA or your local Brain Injury Association.
  3. Set up reminders and alerts on your calendar and/or phone as soon as you receive notice of the meeting.
  4. Ask for an agenda ahead of time or a list of information/documents that may be required.
  5. Ask a support person to attend if possible to help record information.
  6. Conduct the meeting in a quiet location. Use headphones to block out distractions.
  7. Test the platform ahead of time.
  8. If you find it difficult to understand the platform, ask if you can use one you already know (e.g. Skype, Zoom, FaceTime, WhatsApp).
  9. Ask if you can record the meeting or request a copy if it is being recorded.
  10. Remind participants to speak slowly, summarize main points, and only have one person speak at a time.
  11. If looking at a screen is difficult, ask if you need to keep your camera on.
  12. Schedule the meeting at a time of day when you are at your best.
  13. Ask questions if you do not understand.
  14. Ask for a break if needed.
  15. Ask for the meeting to be as brief as possible.
  16. Keep yourself muted to reduce background noise.
  17. Ask for information to be repeated.
  18. Ask for a written summary of the meeting outcomes to be emailed to you.

Helpful Video: How to Prepare for a Virtual Court Meeting

+ Support and Soothe Tools

These dollar store items can help with stress in situations which may cause you anxiety. Have these items nearby to help reduce anxiety and improve focus.

Breath mint & Hand lotion
Breath mints can be grounding tools. Once you put it in your mouth, focus on the taste and coolness. This also works with hand lotion — as you put it on, focus on how it feels on your skin. Works with both scented and unscented cream.

Stress Balls
Stress balls can help alleviate nervous energy. Try rolling the ball across your leg or arm, or squish it between your hands. Try a variety of squish balls with different weights, textures, and ones that make noise to see what works best for you.

Coil bracelets and Rubber Bands
If you are easily distracted, try wearing elastic bands or coil bracelets on your wrists. The snapping of the rubber bands can help decrease unwanted thoughts, alleviate anxiety and help you focus.

Cold Water & Ice Pack
If you become overwhelmed, overheated, dizzy, light-headed, irritated, or anxious, try an ice pack or drink a cold glass of water. The temperature change can help bring down your emotional stress level.

+ Useful Tech Tips to Stay Organized

Here are some helpful technology tips and tools to help you stay organized during your legal process.

Helpful Videos for Staying Organized:

Ways to Make Legal Meetings Easier

Small adjustments can make a legal meeting feel more manageable, less stressful, and easier to follow. These ideas can help you prepare ahead of time and communicate what supports you need.

Write Things Down

Bring notes, questions, reminders, or keywords with you so you do not need to rely on memory in the moment.

Ask for the Right Setting

A quieter room, fewer distractions, and a calm environment can make it easier to listen, process information, and respond.

Keep Information Simple

It is okay to ask for shorter explanations, repetition, or written follow-up so important details feel clearer and easier to manage.

Before Your Appointment

Taking a few minutes to prepare before a meeting can reduce stress and help you feel more in control. Use this simple checklist to get ready in a way that works for you.

Gather your notes
Write down questions, dates, symptoms, challenges, or anything you do not want to forget to mention.
Plan your supports
Think about whether you need breaks, written instructions, a support person, or a quieter setting during the meeting.
Leave extra time
Give yourself more time than usual so you are not rushed getting there, logging in, or settling before the conversation begins.
Know what helps you stay calm
Bring water, headphones, a notepad, or another simple support tool that helps you stay focused and grounded.

Need Help? We’re Here for You

CONTACT US TODAY!

416-830-1485

Our Project Partners

Navigating the Legal System

Get a clear overview of how the justice system works and what to expect along the way.

Court Process & What to Expect

Understand court procedures, timelines, and how to prepare so you feel more confident at each stage.