Legal Definitions - bench conference

A bench conference is a private discussion that takes place during a court proceeding, typically at the judge's bench, involving the judge and the attorneys for the parties. These discussions are held quietly, often out of the hearing of the jury and the general public, to address legal or procedural matters without interrupting the flow of the trial or potentially prejudicing the jury.

Here are some examples of when a bench conference might occur:

• Example 1: Addressing a Potentially Prejudicial Question

  During a criminal trial, the prosecutor begins to ask a witness a question that the defense attorney believes calls for inadmissible hearsay. Instead of shouting an objection and explaining the complex legal reasoning in front of the jury, which might inadvertently reveal information the jury shouldn't hear, the defense attorney requests a bench conference. The judge, prosecutor, and defense attorney then quietly discuss the admissibility of the question and potential testimony at the bench.

  This illustrates a bench conference as a mechanism to resolve a legal dispute (the admissibility of evidence) privately, preventing the jury from being exposed to potentially prejudicial or irrelevant information while the legal argument is being made.

• Example 2: Discussing Confidential Information

  In a civil case involving a trade secret dispute, one of the attorneys needs to present a document to the judge that contains highly confidential business information, but they want to ensure it remains protected from public disclosure. The attorney requests a bench conference to show the document to the judge and opposing counsel, explaining the need for a protective order or specific handling instructions, without revealing the sensitive details to the entire courtroom audience or the jury.

  This demonstrates how a bench conference can be used to address sensitive evidentiary or procedural matters, like protecting confidential information, in a discreet manner that maintains the integrity of the trial while safeguarding private interests.

• Example 3: Managing Unexpected Procedural Issues

  A key witness in a personal injury trial suddenly becomes unavailable due to an emergency, and the attorneys need to adjust the trial schedule or discuss alternative arrangements. Rather than making a public announcement that could confuse or concern the jury, the attorneys approach the bench for a quiet discussion with the judge. They explain the situation and collaboratively decide on the next steps, such as rescheduling the witness or moving to another part of the case.

  This shows a bench conference being used for a practical, procedural issue that requires immediate judicial input but doesn't need to be part of the public record or heard by the jury, allowing for efficient management of the trial's logistics.