Your First Day in Court
For most litigants in person, the first court hearing is an unfamiliar experience. The buildings are formal, the language is precise, and the procedure follows rules that are second nature to lawyers but entirely new to everyone else.
The good news is that courtroom etiquette is not complicated. The expectations are clear, consistent, and based on a single principle: respect for the court and the administration of justice. Judges understand that litigants in person may not know every procedural convention, and reasonable allowances are made. What matters is that you arrive prepared, conduct yourself professionally, and engage with the process honestly.
This guide covers the practical essentials — from what to wear to how to address the judge — so that your first hearing proceeds as smoothly as possible.
Before the Hearing
Arrive Early
Plan to arrive at the court building at least 30 minutes before your listed hearing time. Court buildings have security screening at the entrance (similar to airport security), and queues can be lengthy during busy periods. You will need to go through a scanner and may have bags searched.
Once through security, find the court listings board — a screen or printed sheet near the entrance that shows which cases are being heard in which courtroom. Locate your case by name or case number and note the courtroom.
What to Bring
| Item | Purpose |
|---|---|
| Court bundle | All documents relevant to the hearing, in chronological order, with page numbers and an index |
| Three copies | One for you, one for the judge, one for the other party (unless directions specify otherwise) |
| Notebook and pen | For notes during the hearing |
| The court order or directions | The document that listed the hearing and any orders specifying what is to be dealt with |
| Photo ID | Not always required but useful if there are any identification queries |
| Water | Most courts allow you to bring a bottle of water into the courtroom |
What Not to Bring
- Mobile phones must be switched to silent or turned off before entering the courtroom. Taking photographs or recording in the courtroom is a criminal offence under the Criminal Justice Act 1925 and Contempt of Court Act 1981
- Food is not permitted in the courtroom
- Large bags or luggage may cause delays at security
What to Wear
There is no formal dress code for litigants in person in the civil courts, but the convention is smart and conservative. You are appearing before a judicial officer in a formal setting, and your appearance communicates respect for that setting.
Appropriate:
- Business attire or smart casual — a suit, or smart trousers/skirt with a collared shirt or blouse
- Clean, neat clothing in subdued colours
- Comfortable shoes (you may be waiting for some time)
Avoid:
- Sportswear, trainers, jeans with excessive distressing, or clothing with prominent logos or slogans
- Hats or caps (these should be removed in the courtroom, with exceptions for religious head coverings)
- Sunglasses worn indoors
The standard is straightforward: dress as you would for a formal professional meeting. The judge will form an impression of every party in the room, and presenting yourself neatly signals that you take the proceedings seriously.
How to Address the Judge
Getting the form of address correct is one of the simplest ways to demonstrate respect for the court. The correct form depends on who is presiding:
| Judicial Officer | Correct Address |
|---|---|
| District Judge | “Sir” or “Madam” |
| Circuit Judge | “Your Honour” |
| High Court Judge | “My Lord” or “My Lady” |
| Master | “Master” |
| Deputy District Judge | “Sir” or “Madam” |
| Recorder | “Your Honour” |
| Magistrate | “Sir” or “Madam” (or “Your Worship” in some courts) |
If you are unsure, “Sir” or “Madam” is always acceptable and will not cause offence. The court usher can also tell you who is presiding and what form of address to use before you enter the courtroom.
Never address the judge by their name, and never use “you” directly. Instead of saying “you said,” say “the court directed” or “the court ordered.” This maintains the formality that distinguishes a courtroom from a conversation.
Courtroom Procedure
Standing and Sitting
- Stand when the judge enters and leaves the courtroom. This is signalled by the usher, who will typically announce “all rise” or “court rise”
- Stand when speaking to the judge. When making submissions or answering questions, stand at the advocate’s bench or from your position
- Sit when the other party is speaking or when the judge is reading documents
- Bow briefly when the judge enters and when you enter or leave the courtroom if the judge is already seated. This is a slight inclination of the head — not a theatrical gesture
When to Speak
The judge controls the proceedings. You will be invited to speak at the appropriate time. The typical structure for a hearing is:
- The judge confirms the identities of the parties and the nature of the hearing
- The applicant (or claimant) speaks first and makes their submissions
- The respondent (or defendant) responds
- The applicant may be given a brief opportunity to reply on any new points
- The judge delivers their decision or reserves judgment for a later date
Do not interrupt the other party while they are speaking, however strongly you disagree. Make a note of any points you wish to address, and raise them when it is your turn. The judge will have noted the same points and may raise them without you needing to.
Do not address the other party directly. All submissions are made to the judge. Instead of saying “you breached the contract,” say “the defendant breached the contract” or “my submission is that the terms were not complied with.”
Tone and Manner
- Be concise. Judges have heavy caseloads and limited time. Make your points clearly and move on
- Be honest. If you do not know the answer to a question, say so. If a point goes against you, acknowledge it rather than attempting to avoid it. Candour with the court is an obligation, and judges respect parties who engage honestly
- Be courteous to the other party and their representative. Even if the dispute is acrimonious, the courtroom requires professionalism. The judge will not be impressed by hostility between the parties
- Refer to documents by page number. If you have prepared a bundle, direct the judge to the relevant page: “If I could take you to page 23 of the bundle, paragraph 4…”
- Do not repeat yourself. If you have made a point, trust that the judge has understood it. Repetition wastes court time and can undermine your credibility
Practical Tips for the Hearing
Prepare a Skeleton Argument
For anything beyond the simplest procedural hearing, consider preparing a skeleton argument — a short written document (typically 2-4 pages) setting out the key points of your case, the relevant legal provisions, and the order you are asking the court to make. Hand copies to the judge and the other party at the start of the hearing.
A skeleton argument serves two purposes: it ensures you cover all your points without forgetting anything under pressure, and it gives the judge a framework for understanding your position before you begin speaking.
Keep a Chronology
A clear, one-page chronology of the key events in your case is invaluable. Include dates, brief descriptions, and references to the relevant documents in the bundle. Judges deal with many cases and will appreciate a concise summary that allows them to grasp the timeline quickly.
Take Notes
During the hearing, take notes of what the judge says, particularly any directions or orders made. Court orders are formally drawn up after the hearing, but your contemporaneous notes will help you understand and comply with what was decided.
If You Do Not Understand
If the judge uses a legal term or procedural reference you do not understand, it is entirely appropriate to say: “I apologise, but I am not familiar with that term. Could you explain what is meant?” Judges expect this from litigants in person and will clarify without hesitation.
After the Hearing
When the hearing concludes:
- Stand as the judge leaves the courtroom
- Collect your papers and leave the courtroom quietly
- Do not discuss the case loudly in the corridor immediately outside the courtroom — the judge and other court staff may be nearby
- Review any orders made and note the deadlines for compliance. Missing a court deadline can have serious consequences for your case
If the court makes an order, you will receive a sealed copy in the post or via email (if you are using the court’s electronic filing system). If you are unsure what was ordered, contact the court office for clarification.
For a broader understanding of how the court manages litigation conduct and the standards expected of all parties, see our guide on what constitutes a vexatious litigant — which is not what most people think it means.
To learn more about how eLitigant assists litigants in person with court preparation, visit our About page.
Frequently Asked Questions
Can I bring someone with me to court for support? Yes. You are entitled to bring a friend, family member, or adviser to sit beside you in court. This person is known as a McKenzie Friend and can take notes, quietly advise you, and help organise documents. However, a McKenzie Friend does not have an automatic right to address the court on your behalf — that requires the judge’s specific permission, which is granted at the court’s discretion.
What happens if I am late for my hearing? If you arrive late, go to the court office or speak to the usher immediately. The judge may have started without you, or the case may have been stood down (temporarily removed from the list) to be called later. If the hearing has already concluded in your absence, the judge may have made an order without hearing from you. In that situation, you may need to apply to set the order aside under CPR 39.3, which requires showing a good reason for your absence and demonstrating that your case has reasonable prospects of success.
Do I need to stand every time I speak to the judge? Yes, the convention is to stand when addressing the judge. If you have a physical condition or disability that makes standing difficult, inform the usher before the hearing begins. The court will make appropriate accommodations — you may be permitted to remain seated, or the judge may suggest alternative arrangements.
Can I record the hearing on my phone? No. Recording or photographing court proceedings without permission is a criminal offence. Some courts permit official recordings for transcription purposes, and you can apply to the court in advance for permission to record in specific circumstances, but using a personal device to record without authorisation is strictly prohibited. If you need a transcript of the hearing, you can arrange for an official court transcription service, though this incurs a cost.
Next in the series: Facing a Represented Opponent: How to Prepare as a Litigant in Person — what to expect when the other side has legal representation, and how thorough preparation levels the playing field.
This is Part 16 of 21 in the eLitigant Court Guide series. Visit our blog for the complete collection.