Judicial Mannerism

The word mannerism has been derived from an Italian term “Maniera” coined by
L.Lanzi which means “manner” or “style” in art.

Mannersim in general sense can be defined as;

- A distinctive behavioral trait

- A Characteristic mode of action, bearing, behavior or treatment of others
- A habitual or characteristics manner, mode or way of doing something

Judicial mannerism;

The Mannerism that is to be followed in Judicial surroundings.

I. Court Decorum of the Court Room

Court Decorum refers to basics of proper court room behavior. Court is
formal place where respect is most important. Court Room is a place that
deserves Respect. The behavior to reflect the respect to the Court room are
as follows;

 Be punctual
 Stand whenever the Judges enters or leave the court room.
 Bow your head while entering courtroom.
 Wait until court or judge invited to speak
 Stand whenever you address the court when it is your turn to speak to
the judge rise from your seat after you are finished.
 Never interrupt them in the middle
 Be prepared not to waste court-time and harm case
resolution(Delaying the outcome of case and also it gives impression
that you don’t care about the case)
(Also to sent message to clients that you do care about them and
resolution of their case is important to you)
 Present respective case related precedent only.
 Avoid presenting false evidence, documents.
 Straight forward and focused to respective case matters only.
  Oath to be taken by witnesses.
 Phone on silent.
 Avoid Using chewing gum , Do not bring any food or drink

Courtroom decorum Policy Florida

1. Stand when court is opened, recessed or adjourned. Stand when

addressing or being addressed by the court. Stand when the jury enters or
retires from the courtroom. When making opening statement, closing
arguments or examining witnesses, do not approach either the jury or the
witness without the court’s permission.
2. Address all remarks to the court, not to opposing counsel or the opposing
party
3. Refer to all persons, including witnesses, other counsel and the parties by
their surnames and not by their first or given names unless the permission
of the court is sought in advance.
4. Counsel should request permission before approaching the bench. Any
documents counsel wishes to have the court examine should be handed to
the clerk.
5. In making objections, counsel should state only the legal grounds for the
objection.
6. In opening statements, counsel shall not express personal knowledge or
opinions concerning any matter
7. All parties, attorneys and witnesses should refrain from interrupting or
talking over one another.
8. No tobacco use in any form is permitted. No bottles, beverage containers,
paper cups or edible are allowed in the courtroom except as permitted by
the court. No gum chewing is permitted.
9. Cell phones and pagers should be turned off or in a vibrate mode.
Computers should be used with audio off.

United States Court of Federal Claims

1. The dignity of the court is to be respected and maintained at all times.

2. No recording, broadcasting or photography is permitted.
 3. Repeated entrances and departures are to be avoided

The Code of Conduct for Legal Practitioners, 2051

Rule 3

1(j) A Legal Practitioner shall not act contrary to the following codes of
conduct:

- Shall be punctual to the court

- Shall show due respect to the Bench and opposing counsel
- Shall refrain from making false accusation, expressing hatred or angers
or enmity against opposing counsel and his client.
- Shall treat with courtesy to the officers/ staffs of the court.
- Shall plead his case with due respect to the Bench only when his turn
comes up.

1(r) A Legal Practitioner shall not appear before a court under the influence
of any intoxicating drinks or drug the course of his professional duty.

2. A Senior Advocate shall abide by the following code of conducts in addition

to the codes as referred to above in sub-rule(1):
(a) While pleading before a Bench in any case he shall not appear without
engaging at least one advocate with him.
(b) A Senior Advocate , under normal circumstances, shall not appear before
administrative offices for pleading.

Indian Code of Conduct

1. An Advocate shall, during the presentation of his case and while otherwise
acting before a court, conduct himself with dignity and self-respect.
2. An Advocate shall maintain towards the courts a respectful attitude bearing
in mind.

II. Dress Code

Personal appreance is visible evidence of respect for the law and administration of
justice. Dress reflects attitude of your role towards judge. The dress code to be
followed inside court room are as follow;

 Black coat as symbol of Power and authority.

 Simple , clean and Professional dress ;Pant above waist , formal suit
 Grey, white, brown colored dress are preferred.
 Causal-ness is not appropriate
 Avoid party like get up.

The Code of Conduct for Legal Practitioners, 2051

Rule 3

(J) Shall appear in court in prescribed dress with black coat

Indian Code of Conduct

I. Advocates other than Lady Advocates

A)A black buttoned up coat, chapkan, achkan, black sherwani and white banda
with advocates gowns

B) A black open breast coat, white shirt, white collar, stiff or soft and white bands
with Advocates Gowns

In either case long trousers (white, black striped or grey) or Dhoti

II. Lady Advocates

A) Black and full or half sleeve jacked or blouse, white collar stiff or soft. With
white bands and Advocates Gowns
White Blouse, with or without collar, with white bands and with a black
open breast coat
Or
B) Sarees of long skirts ( white or Black of any mellow
Punjabi dress churidar- kurta ( with or without dupatta)
White or black.
How an officer should dress up when he shows up before the highest court,

Chief secreatory of the Rajasthan Government had appeared before the bench ,
dressed up in a slightly informal manner as he wear a pink shirt and grey trousers

Justice Chelameswor ,” Is this how everyone in your office dress up ? Do your

officers come to see you in slippers, dhoti or causal dress? There is a dress code for
bureaucrats. Have you gone through the rules ? If you don’t know the rules and
understand what dress an official should wear while appearing in court, then you
don’t deserve to be an Additional Chief Secretary.”

Officer showed up in a black coat, oant and a tie. He expressed regret and informed
bench that the Himachal Pradesh High Court had once issued directions with
regard to the issue, there are no rules governing the dress code for bureaucrats.

“Rules or no rules , A bureaucrat must dress up well in a formal manner, showing

respect to the decorum” Justice Chelameswor.

III. Language
The Language to be used while speaking inside the courtroom should be as
follows;

 Speak slowly and clearly and correctly

 Using title while addressing judge
In the context of US
- High Court (My Lord)
- Judge except HC(Your Honour)
- Magistrate ( Your Worship)
In the context of Nepal
- Shreeman
 Be polite and respectful
 No side talk and gossips
 No non- verbal communications, waving your hands or otherwise make
unnecessary gestures when you are speaking to the judge.
 Use polite language , a calm tone and reserved body language
  Speak Clearly and loudly enough to be heard but don’t shout
 Speak politely and respectfully to the judge and all other court officials
 Do not use any phrases that criticize the judge or anyone in the courtroom
 Avoid using any words that can be interpreted as threatening towards anyone
in the room
 Do not use obscene language
 Show respect and avoid offending your judge( a judge can hold you to
contempt of court meaning they can give you for speaking disrespectfully)
 Make eye contact, at all times while judge is speaking to you

Code of Conduct for Legal Practitioners, 2051

Rule 3(J)

- Shall show due respect to the Bench and opposing counsel

- Shall treat with courtesy to the officers/ Staffs of the court.

Conclusion
These are the court etiquette that are to be obeyed by each individuals present
inside the courtroom. And these are specially for the Lawyers who are representing
their clients before the Bench.

Presented by;

Durga Laxmi Chaudhary

Roll no- 07

Sec- A