What Types of Written or Oral Communication Do Judges Use in Court?
- Legal briefs are used to explain a party's interpretation of the law or fact. Before heading to trial, lawyers conduct an extensive amount of fact investigation. Then they compile the relevant law and apply it to the facts. Judges require lawyers to use briefs so that the judges have an idea of what arguments the lawyer will attempt to make during the hearing.
- Judges ask parties and lawyers to use motions to address the court. Motions are usually paper documents that ask the court to do something or refrain from doing something. In many instances, lawyers use motions to ask for more time to bring a case before court. Each judicial jurisdiction has certain formal requirements for how to file a motion with the court. One is a motion for a continuance. A motion for continuance is a plea by the party or lawyer asking the court to allow more time before the hearing date. Each time a party files a motion, it must send the motion to the other party so that everyone is informed.
- During the course of a trial, unexpected issues may come up. For example, the judge may make a mistake as to whether to admit a certain piece of evidence, or an opposing party or attorney may attempt to admit testimony that's irrelevant. In many instances, speaking about these issues may have a harmful effect on the objectivity of the jury. In such a circumstance, lawyers ask the judge for a sidebar, which means that the lawyers approach the judge and speak about a potential issue quietly without the jury hearing the discussion.
- Arguably, the jury instruction is the most important role of the judge. The jury instruction is a process by which the judge explains the applicable law to the jury before it deliberates. Judges usually use standardized jury instructions so as to avoid confusion. The judge explains the law and the standard of proof required for any given case. The jury must then make a decision based on the facts heard.
Briefs
Motions
Sidebar
Jury Instructions
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