An unnecessary, often argumentative remark made by an attorney or witness during a trial or deposition.
What is sidebar comment?
• Conversation in the courtroom between lawyers and the judge that jury members are not able to hear.
Key takeaways
- Sidebar comments occur out of earshot of the jury.
- They can be argumentative and unnecessary.
- Judges use sidebars to maintain courtroom decorum.
In plain English
A sidebar comment is a remark made by a lawyer or witness during a trial that the jury cannot hear. These comments often happen when lawyers speak directly to the judge, usually to clarify a point or argue about something without the jury's presence. While they can be important for legal proceedings, they are often seen as unnecessary or overly argumentative.
Why sidebar comment matters
Sidebar comments are significant because they help maintain order in the courtroom and ensure that jurors only hear relevant evidence. They allow lawyers to raise concerns or objections without influencing the jury. However, if used excessively, they can disrupt the flow of a trial and lead to misunderstandings about the case.
How sidebar comment works in practice
During a trial, if a lawyer feels the need to discuss a matter privately with the judge, they may request a sidebar. This involves both parties stepping away from the jury to speak. The judge then decides whether the comment is appropriate and whether it should remain off the record. The process ensures that jurors focus only on the evidence presented to them, preserving the integrity of the trial.
Examples
Scenario: Maria's lawyer questions a witness about a sensitive topic.
Outcome: The judge calls a sidebar to discuss the appropriateness of the question.
Scenario: James objects to a piece of evidence being presented.
Outcome: The judge holds a sidebar to hear the arguments before ruling on the objection.
Frequently asked questions
What is a sidebar comment?
A sidebar comment is a remark made by an attorney or witness that the jury cannot hear, often made to clarify issues with the judge.
Why are sidebar comments used in court?
They are used to discuss legal matters privately, ensuring jurors only hear relevant information and maintaining courtroom decorum.
How does a sidebar work during a trial?
A lawyer requests a sidebar, and if granted, they discuss the issue with the judge away from the jury.