Legal Definitions - bench ruling

A bench ruling is a decision that a judge makes and announces verbally in open court, typically during a hearing or trial. Instead of issuing a written order at a later time, the judge delivers their judgment or instruction immediately from the "bench" – the elevated desk where the judge sits. These rulings often concern procedural matters, evidence admissibility, or immediate requests made by the parties.

Here are a few examples to illustrate how a bench ruling works:

• Example 1: Ruling on an Objection During Trial

  Imagine a criminal trial where a prosecutor asks a witness a question that the defense attorney believes is improper. The defense attorney immediately stands up and says, "Objection, Your Honor, that question calls for speculation!" The judge listens to the objection and any brief arguments from both lawyers. Without taking a break or writing anything down, the judge might then state, "Objection sustained," or "Objection overruled." This immediate, verbal decision is a bench ruling, directly impacting the flow of the trial.

• Example 2: Deciding a Motion for Continuance

  A lawyer might file a "motion for continuance," asking the court to postpone a scheduled hearing or trial because a key witness is suddenly unavailable due to illness. During the hearing on this motion, the judge listens to arguments from both sides. After considering the reasons presented, the judge might immediately announce from the bench, "The motion for continuance is granted. This hearing will be rescheduled for next month." This is a bench ruling because the judge makes an instant, verbal decision on a formal request without issuing a separate written order later.

• Example 3: Issuing a Temporary Restraining Order

  In an emergency family law situation, a person might request a temporary restraining order against another party. During a brief hearing, the judge hears testimony and arguments from the individuals involved. If the judge determines there is an immediate threat, they might verbally declare from the bench, "Based on the evidence presented, a temporary restraining order is hereby issued against [named party], prohibiting contact with [other named party] until a further hearing can be held." This immediate, oral directive is a bench ruling that takes effect right away, providing urgent protection.