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Simple English definitions for legal terms
approach the bench
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A quick definition of approach the bench:
Approach the bench: When a lawyer wants to talk to the judge privately during a trial, they may walk up to the big desk where the judge sits, called the bench. They have to ask permission first by saying "may I approach the bench." If the judge says yes, the other lawyer can come too. They might talk about things like the order of witnesses or taking a break.
A more thorough explanation:
Definition: When an attorney moves from the counsel table to the front of the bench (the large desk at which the judge sits) in order to speak to the judge off the record and/or out of earshot of the jury.
When an attorney wants to speak to the judge privately, they must ask permission to approach the bench. This means they are allowed to move closer to the judge's desk to have a conversation that the jury cannot hear. The other attorney in the case is also allowed to come forward and participate in the conversation.
For example, an attorney might approach the bench to:
- Explain the order of witnesses
- Discuss a technical problem
- Request a recess to go to the restroom
These examples illustrate how approaching the bench is a way for attorneys to communicate with the judge without the jury hearing. It can be used for a variety of reasons, but it always requires permission from the judge.