## **Learning Outcomes**

This article covers courtroom etiquette and time management for effective introductions, openings, and closings, including:

- Demonstrating correct courtroom etiquette when introducing yourself, the parties, and the case, using appropriate forms of address and professional conduct with document checks
- Structuring and delivering concise, persuasive opening speeches in civil and criminal proceedings, tailored to the tribunal and the burden/standard of proof
- Planning and delivering closing speeches that marshal evidence, apply law to fact, and properly address the burden and standard of proof
- Making or responding to ad hoc applications with clear introductions, document control, and logical submissions grounded in relevant procedural rules
- Integrating time management into advocacy preparation and delivery, including diarising deadlines, preparing skeleton arguments, sequencing witnesses, and contingency planning
- Applying the SRA Principles and Codes of Conduct to advocacy tasks, prioritising duties to the court, honesty, integrity, and equality, diversity and inclusion
- Using voice, pace, and language effectively to communicate clearly, maintain judicial engagement, and avoid distractions, fillers, or inappropriate language
- Recognising and adjusting to different contexts (Magistrates’ Court, Crown Court, County Court/High Court), including variations in rights of audience, speech order, and evidential posture

## **SQE2 Syllabus**

For SQE2, you are required to demonstrate competence in courtroom etiquette, time management, and the structure and delivery of introductions, openings, and closings, with a focus on the following syllabus points:

- Duties to the court and advocacy ethics (SRA Standards and Regulations: Principles; Code of Conduct for Solicitors, esp. Code 2 Dispute Resolution).
- Courtroom etiquette: addressing the bench; introducing advocates and parties; professional courtesy to witnesses and opponents.
- Structure and content of opening speeches in criminal (Magistrates’ and Crown Court) and civil trials; minimal prosecution opening in summary trials; full prosecution opening in jury trials.
- Structure and content of closing speeches; aligning persuasiveness with burden and standard of proof.
- Applications within proceedings: ad hoc application structure; clear introductions; document management; logical submissions; reply.
- Time management in litigation: overriding objective (CPR 1; CrimPR 1); meeting time limits (e.g. CPR 7.4–7.5, 32, PD32); sequencing; action plans; diarising and tracking deadlines.
- Skeleton arguments: purpose, form, and relationship to openings and closings.
- Voice, delivery, and language: pace, volume, fluency, avoiding fillers; appropriate language and manner.
- Oaths and affirmations; witness competence and compellability (YJCEA 1999 s.53).
- Rights of audience; McKenzie Friend parameters in civil proceedings.
- Persuasion anchored to burden/standard (e.g. “sure” test; beyond reasonable doubt; balance of probabilities).

## **Test Your Knowledge**

_Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision._

- What is the correct way to introduce advocates and parties in an ad hoc civil application, and how should you check the court has the right documents?
- In the Magistrates’ Court, when is a prosecution opening speech appropriate, and what should it cover?
- What must a closing speech in a criminal trial achieve with respect to the standard of proof?
- How does a skeleton argument support an opening speech in a civil trial?
- Which SRA provisions support your duty to the court when making submissions (cite principles and Code 2 examples)?
- What are the differences between oath and affirmation, and at what age may a child give unsworn evidence?
- Which CPR time limits govern service of claim forms and particulars of claim, and how should you manage these to avoid default?
- How should you structure an application within a trial where you seek to exclude evidence under PACE 1984 s.76?

## **Introduction**

Etiquette and time management underpin effective advocacy. In any courtroom appearance, how you introduce yourself, the parties, and the case sets the tone. Opening speeches frame the tribunal’s understanding of the evidence to come; closing speeches integrate law and fact and direct the tribunal to the correct legal test. Throughout, professional behaviour—grounded in duties to the court—ensures credibility and compliance with the SRA Standards and Regulations.

Introductions are more than salutations. They are a short, precise account of who appears for whom, what application or case the court will hear, and what materials the court should have. Clarity here avoids wasted time and procedural confusion. Openings must be tailored to the forum: in the Magistrates’ Court the prosecution opening is kept extremely brief; in the Crown Court the prosecution must give a full and proper opening to help jurors understand the case. In civil trials, openings are generally given by claimants and supported by skeleton arguments that map issues, facts, and law.

Closings marshal the evidence and apply the burden and standard of proof. Persuasiveness in closing is not about flourish; it is about guiding the tribunal to prefer your case within the correct evidential threshold. A persuasive case is preferred against the applicable burden and standard—not merely preferred overall. Time management binds all of this together—planning witness order, diarising deadlines, preparing succinct skeletons, and managing contingencies. Advocates who apply these skills avoid wasted costs and meet the overriding objective of dealing with cases justly and proportionately.

> **Key Term: opening speech**
> A concise, structured introduction to the case that outlines issues and anticipated evidence. In civil trials it is issue-led and supported by skeleton arguments; in Crown Court jury trials it is fuller and sets context for the indictment; in summary criminal trials it is often minimal.
>
> **Key Term: closing speech**
> A structured address that integrates evidence and law, directs the tribunal to the correct burden/standard of proof, and applies your case theory to the proven facts.
>
> **Key Term: skeleton argument**
> A short written roadmap of issues, law, and references to documents and witness statements, used to focus the court’s attention and support oral advocacy.
>
> **Key Term: case theory**
> Your coherent explanation of what happened and why the law favours your client, grounded in admissible evidence and ethical constraints, and adaptable as the case develops.
>
> **Key Term: overriding objective**
> The requirement under CPR 1 and CrimPR 1 to deal with cases justly and proportionately, including enforcing compliance with rules, ensuring expeditious handling, and saving expense.
>
> **Key Term: rights of audience**
> The authority to address a court. Solicitors have rights of audience in defined courts; McKenzie Friends do not, save in exceptional circumstances where the court grants permission.
>
> **Key Term: oath**
> A formal religious promise to tell the truth; standard wording is used, and children aged 14–18 may take a promissory oath.
>
> **Key Term: affirmation**
> A non-religious promise to tell the truth; children under 14 may give unsworn evidence if competent (YJCEA 1999 s.53).
>
> **Key Term: ad hoc application**
> An application made in a dedicated or incidental hearing. It begins with brief introductions, document checks, a succinct legal/factual framework, and ends with a clear order sought.
>
> **Key Term: action plan**
> A structured sequence of tasks with responsibilities, dates, and resources, used to manage preparation, witness handling, and the delivery of openings/closings.

### Introductions: etiquette, structure, and substance

In ad hoc civil hearings (e.g. interim applications), use clear, courteous introductions:

- Formally address the judge (“Your Honour” in county court; “Your Lordship/Your Ladyship” in High Court; “Sir/Madam” for district judges) and state your name, firm, and who you represent.
- Introduce your opponent by name and whom they represent.
- Identify the application succinctly and confirm the court has the relevant documents (statement of case, witness statements, exhibits, draft order).
- Offer a brief roadmap of the order in which you will present the application.

This sequence aligns with best practice: introduce, check, outline, present, and conclude. Within trial, applications are made after the triers of fact leave (where appropriate), and focus strictly on the evidence/law engaged (e.g. PACE 1984 s.76 exclusion, hearsay under CJA 2003).

For openings and closings, etiquette also means:

- Standing when addressing the court (unless the court’s practice allows sitting, e.g. some interim applications) and maintaining eye contact.
- Using correct forms of address (bench, opponent, witnesses).
- Avoiding slang or obscenity unless quoting relevant evidence verbatim.

### Opening speeches: civil and criminal

Civil openings should be concise, issue-led and supported by a skeleton argument. A common sequence:

- State the nature of the case (“This is a claim for damages for breach of contract…”).
- Identify the issues (e.g. liability, causation, quantum; or in contract: formation, breach, loss).
- Summarise undisputed background facts, referencing key documents.
- Identify relevant legal principles (briefly) and apply them to anticipated evidence.
- Indicate witness order and any expert evidence.
- Conclude with a short statement of why the claimant should succeed on law and fact.

In summary criminal trials, the prosecution opening is ordinarily very brief—often only identifying the offence and calling the first witness. In Crown Court jury trials, the prosecution opening should set the context, explain the counts in the indictment (without over-elaboration), outline the narrative of alleged events, and preview core evidence. The defence rarely opens in the Crown Court unless calling factual witnesses; if it does, it should focus on the defence theory of the case and evidence to be called.

### Closing speeches: purpose and persuasion

Closings integrate the evidence heard with law, directing the tribunal to the correct standard:

- Criminal: emphasise that the jury must be “sure” before convicting; address weaknesses, and marshal corroborative strands so that the cumulative weight satisfies the standard.
- Civil: demonstrate why, on a balance of probabilities, your account is more likely than not; tie findings to pleaded issues (liability, breach, causation, quantum).

Good closings avoid assertions and rely on reasoned inference from proven facts, matched to the legal ingredients of the cause of action or offence. Persuasion is anchored to the burden and standard of proof: the tribunal may prefer your case, but if the applicable standard is not met, preference alone is insufficient.

### Time management: preparation, sequencing, and compliance

Effective openings and closings depend on disciplined time management:

- Prepare a skeleton argument early, focusing on issues and references.
- Sequence witnesses logically (often chronologically), with primacy and recency in mind (start and end with strong witnesses).
- Diarise procedural deadlines (e.g. CPR 7.5 service of claim form; CPR 7.4 service of particulars; CPR/PD 32 on witness statements).
- Build an action plan listing tasks (bundle preparation, authorities collation, draft order, witness proofing), with responsibilities and dates.
- Allow contingencies (e.g. adjournments, late evidence, judicial directions altering order of proof).
- Track disclosure obligations and court directions tightly to avoid wasted costs orders or case management sanctions.

Ethics and professionalism are central to time management. Complying with the overriding objective means avoiding delays, observing directions, and focusing the court on relevant issues.

### Voice, delivery, and language

Communication skills matter. Speak at a measured pace, vary tone for emphasis, and avoid fillers (ums, ers) and “legalese”. Use plain English, short sentences, and concrete references to documents and testimony. Never use obscenity or slang unless quoting evidence that is relevant to the tribunal’s understanding. Monitor the tribunal’s note-taking—pace your delivery so your key points can be recorded.

### Applications within trials

Applications should be made clearly and logically:

- State the application (e.g. to exclude confession under PACE 1984 s.76).
- Present the facts relevant to the legal test (without lecturing on the law).
- Apply the law to those facts.
- Anticipate and answer counter-arguments.
- Conclude with the order sought, and be ready to reply briefly.

Where the burden is on the applicant (as with some exclusion applications), ensure your factual allegations are evidentially supported (witness statements, exhibits). If unsuccessful, address directions for future conduct (e.g. timetable adjustments) promptly.

### Equality, diversity, and inclusion

Etiquette requires respect for all court users. Treat witnesses and parties with courtesy, avoid discriminatory language, and tailor communication to vulnerabilities (e.g. pace for neurodiverse witnesses). Respect special measures where applicable and ensure fair treatment consistent with the Equality Act 2010 and judicial bench book guidance.

### **Worked Example 1.1**

You appear in a county court for a 30-minute application for summary judgment. Draft your introductory script and immediate checks, then outline the order in which you will present your submissions.

> **Answer:**
> “Your Honour, my name is [Name] of [Firm]. I appear for the claimant, [A Ltd]. My friend, Ms [X] of [Firm], appears for the defendant, [B Ltd]. This is the claimant’s application for summary judgment under CPR Part 24 on a debt claim. May I check the court file contains the claim form and particulars, the witness statement of Ms Patel dated [date] with exhibits A1–A5, the defence dated [date], and our draft order? If it assists, I propose to proceed as follows: first, a brief background and the issues; second, the legal test under CPR 24.2 applied to the evidence; third, anticipated points from the defence and why they disclose no real prospect of success; finally, the order sought and costs.”

### **Worked Example 1.2**

You are prosecuting in the Crown Court. Outline a proper opening to a jury on a two-count indictment for burglary and handling, ensuring you do not argue the case.

> **Answer:**
> “Members of the jury, you will hear that on [date], the complainant’s home at [address] was entered and items including a laptop and jewellery were taken. Count 1 alleges burglary on that date; Count 2 alleges handling stolen goods. The prosecution says the defendant was identified near the scene and, later that evening, was found in possession of items matching the description, including a laptop with the complainant’s unique serial number. You will hear from the complainant, attending officers, and a forensic scientist about fingerprints on the window frame. You will see CCTV footage from [location] and hear about the recovery of property. It will be for you to decide what happened on the basis of the evidence you hear.”

### **Worked Example 1.3**

You defend in a Magistrates’ Court careless driving trial. Deliver the key elements of a closing that aligns with the criminal standard.

> **Answer:**
> “Sir/Madam, the Crown must make you sure that my client’s driving fell below the standard of a competent and careful driver. The only independent witness accepted that visibility was poor and the distance of observation was, at most, 15 metres. The officer’s description of speed varied between 25 and 40 mph; there is no objective measurement. On the evidence, you cannot be sure the manoeuvre was careless rather than a reasonable reaction to conditions. In those circumstances, the careful course is to find the charge not proved.”

### **Worked Example 1.4**

You issue a Part 7 claim on 1 March. Explain how you will diary service deadlines to avoid sanction, and what to do if late evidence emerges that may affect your opening.

> **Answer:**
> Serve the claim form within four months (by 1 July) under CPR 7.5(1) if serving in England/Wales. If particulars are not served with the claim form, serve them within 14 days of service of the claim form and before expiry of the four-month period (CPR 7.4). Diary both deadlines with reminders (e.g. two weeks prior). If late evidence emerges (e.g. a key document disclosed by the defendant), update the skeleton argument, notify the court/opponent promptly, and seek directions if it affects the timetable. Adjust the opening to reflect new agreed or disputed facts and ensure the tribunal is focused on the live issues.

## **Key Point Checklist**

_This article has covered the following key knowledge points:_

- Correct etiquette and structure for introductions in ad hoc and in-trial applications.
- Forms of address for different tribunals and courtesy to opponents and witnesses.
- Structure and content of opening speeches in civil trials (issue-led, skeleton-supported) and criminal trials (brief summary in Magistrates’, full prosecution opening in Crown Court).
- Purpose and method of closing speeches: integrating evidence and aligning argument with burden and standard of proof.
- Clear, logical structure for applications: state the application, present facts tied to law, anticipate counter-arguments, and conclude with the order sought.
- Time management techniques: skeleton arguments, witness sequencing, diarising CPR/CrimPR deadlines, action planning, and contingency management.
- Ethical duties in advocacy: duties to the court, honesty and integrity, public trust, and equality, diversity and inclusion.
- Effective delivery: pace, volume, clarity, minimizing fillers, and appropriate language; avoiding obscenity/slang unless evidentially necessary.
- Oaths and affirmations; witness competence and compellability; managing special measures where appropriate.
- Persuasion grounded in burden and standard: preference alone is not enough—your case must meet the applicable threshold.

## **Key Terms and Concepts**

- opening speech
- closing speech
- skeleton argument
- case theory
- overriding objective
- rights of audience
- oath
- affirmation
- ad hoc application
- action plan


Courtroom etiquette and time management - Introductions, openings, and closings