Clients ask us this question from time to time. It is usually associated with a measure of unease or even anxiety. The answer depends on the hearing you are attending.
At a Case Conference, for example, your having a direct dialogue with a Judge is possible but unlikely, particularly if you are attending with a lawyer. The Judge can ask a party questions and if he/she does, you will be expected to answer. There is no reason to be nervous, however. You are not being tested in any way - the Judge is likely simply trying to gather information. For example, your lawyer may be able to answer only a part of the question asked by the Court and you may be asked to provide further detail. This is a great opportunity for you to show that you are sincere, credible and interested in assisting the Court. Speak as clearly as you can and take a drink of water (provided in the courtroom) if you think that will assist.
At a Motion, by way of further example, your speaking to a judge is highly unlikely as most family law motions in Ontario proceed by affidavit rather than oral evidence. This means that the Judge presiding over the motion receives the parties' respective evidence (and the evidence of any other witnesses) in writing. There are rare situations in which a motion proceeds by
viva voce evidence (meaning by the "live voice" of a witness). In such situations, the witness (maybe you) will respond to questions from a witness box and those questions may include some from the Judge. This latter scenario is also the most likely at a Trial.
You should ask your lawyer as many questions about court procedure as you need to feel comfortable and informed. Calm, informed clients are very helpful to their lawyers and they also present better to the Court.
Art work: Evelina Oliveira
