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Or. Unif. Trial Ct. R. 3.050

Not legal advice. Verify against official sources before relying on this text in any legal matter.

Rule 3.050 Proper Position of Parties Before Court

Chapter 3: Decorum in Proceedings

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Rule Text

Parties must:

(1) Rise from their positions at counsel table and remain standing while addressing the court or the jury, except during voir dire;

(2) Not approach the bench except by permission; and

(3) Be allowed to move freely about the courtroom during trial unless otherwise instructed by the court.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

When you're in court, there are some basic rules about how you stand and move during a trial. If you're a lawyer or party addressing the judge or jury, you need to stand up and stay standing while you talk. The only time this doesn't apply is during jury selection (called voir dire).

You also can't walk up to the judge's bench whenever you want. You need to ask permission first. This keeps things orderly and makes sure the judge stays in control of how the trial runs.

During the trial itself, people are generally allowed to move around the courtroom, unless the judge says otherwise. This makes it easier for lawyers and witnesses to work with evidence, like pointing to photos, diagrams, or other exhibits, so the jury can follow along more easily. That said, judges can still limit this movement if it becomes distracting or disruptive. Things like the size of the courtroom, a witness's age or health, or the type of evidence being shown can all affect how much movement makes sense in a particular case. Because of this, lawyers are encouraged to talk with the judge at the start of the trial to sort out any questions about how this will work.

Committee Notes

1991 Commentary

This 1991 change is not intended by the committee to transfer control of the conduct of the trial process from the trial judge to the litigants. The change is intended to facilitate the identification of exhibits by witnesses; the use of diagrams, photographs, and other exhibits by the examining attorney and witnesses; and to encourage the effective use of demonstrative evidence and exhibits in a manner facilitating the fact finder’s understanding of the evidence. The committee recognizes that there is the potential for abuse of this rule change, which may be distracting or disruptive of the proceedings, and thus the court retains the ability to maintain appropriate decorum and order.

The committee recognizes that there are a number of factors which may affect the extent to which free movement is appropriate in a particular case. Without attempting to be all inclusive, these factors may include such things as: the physical layout of the courtroom; the age of the witness; the emotional/physical condition of the witness; the size, number, and nature of exhibits; etc. The committee therefore encourages communication between the litigants and the trial judge at the commencement of trial covering these considerations and resolving any uncertainty.

← Previous Rule 3.040: Advice to Clients and Witnesses of Courtroom Formalities Next → Rule 3.060: Defendant in Criminal Trial