The CEB, a program at the University of California co-funded by the California State Bar, lists the following situations as examples of appropriate banking conferences: Second, juries don`t like banking conferences. They tend to find such breaks in the process boring and boring. The jury may also be annoyed that they are deprived of information, which could lead them to turn against the lawyer who asked to go to the bank. The objectives of bank conferences may also include explaining the order of witnesses, a technical problem, or the need to take a break from the bathroom. Bank used in a legal context can have several meanings. First, it can simply indicate the location in a courtroom where a judge sits. Second, the term bench is a metonymy used to describe members of the judiciary together,[1] or judges of a particular court, such as the Queen`s Bench or Common Bench in England and Wales or the Federal Bench in the United States. [2] Third, the term is used to distinguish judges called « the bank » from lawyers or lawyers called « the bar association. » The term « bank and bar » refers to all judges and lawyers. [2] The term « plenary panel » is used when all the judges of a given court sit together to decide a case, as in the phrase « before the plenary bench, » also known as « in the bench. » [3] See moving a lawyer from the defense attorney`s table to the front of the bench (the large desk where the judge sits) to speak to the judge outside of protocol and/or outside the jury`s ear. Since the bench area is the sacred territory of the judge, the lawyer must ask permission such as « can I approach the bank » or simply « can I approach ». If the judge agrees, the opposing lawyer must be allowed to appear and participate in the interview. The goal may be to explain the order of witnesses, a technical problem or the need to take a break to go to the bathroom. Keep in mind that bank conferences are just a way to combat objections.
You should also consider limin requests and offers of evidence. All of these methods are discussed in Chapter 3 of the CEB`s Effective Introduction of Evidence in California. This is an opportunity for lawyers to address the judge and speak privately with him during court testimony. This is an opportunity to discuss a legal issue of considerable importance that goes beyond the ear of the jury. There are situations where banking conferences are appropriate, including these examples: Don`t feel too comfortable with banking conferences, as their use has significant drawbacks. First, many judges do not like them and advise against using them in their courts. You need to know your judge`s preference before the trial by asking other lawyers or the court clerk. And keep in mind that local rules may govern the use of bank conferences. See, for example, Los Angeles Ct R 3.123.
The bench is the large raised desk at the front of a courtroom, behind which the judge sits. When a lawyer asks to « go to the bank, » he asks the judge for permission to literally approach the office to talk to the judge outside of the jury hearing. The downside of a conversation in the sidebar is that regardless of the judge`s decision based on the conversation with the bank`s lawyers, the details of that conversation are not recorded anywhere. This could be a problem if one of the parties decides to appeal and one of the issues under appeal is the judge`s decision to allow or prohibit certain evidence or testimony at that time during the trial. When lawyers ask to go to the bank, they usually want to discuss one point in the case. Most of the time, these discussions focus on legal or procedural issues. These discussions are intentionally kept out of the jury hearing to avoid confusing topics or influencing jurors. The jury must decide a case solely on the basis of facts and not on legal and procedural issues. New Jersey courts explicitly remind jurors that they « should not attempt to draw conclusions from their hearing about what was said. » New York State`s unified court system reminds jurors to « use only the evidence provided to them. » During a trial, the judge may call the lawyers at the bank, or the lawyers may ask to contact the bank. Subscribe to America`s largest dictionary and get thousands of additional definitions and advanced search – ad-free! Now the judge has to decide whether to allow the lawyers to approach and have a parallel conversation that the jury cannot hear. Lawyers turn to the bank to avoid inconvenience and disruption in sending jurors out of the courtroom. However, if the discussion takes a long time, the jury can be excused by the judge.
« The Bank. » dictionary Merriam-Webster.com, Merriam-Webster, www.merriam-webster.com/dictionary/the%20bench. Retrieved 30 September 2022. The historical roots of the term come from judges who used to sit on long seats or benches (freestanding or on a wall) when presiding over a court. [2] The bench is usually a raised desk that allows a judge to see the entire courtroom. The bench was a typical feature of the dishes of the Order of St. John the Baptist. John in Malta, as in the Castellania, where the judges and the College of Lawyers for trials and revision laws sat. [4] If you want to raise objections or argue an objection, but you do not want the jury to hear, you can ask the judge for permission to go to the bank. But beware: the judge may not like it and the jury may be annoyed.