Legal Definitions - Sidebar

A sidebar refers to a private conversation held between the judge and the attorneys involved in a court case, typically taking place in a designated area of the courtroom that is out of earshot of the jury, witnesses, and sometimes the public gallery. It can also refer to the physical location itself where such a discussion occurs.

The primary purpose of a sidebar is to allow the judge and lawyers to discuss legal or procedural issues confidentially. This prevents the jury from hearing information that might be inadmissible, prejudicial, or irrelevant to their role in deciding the facts of the case. It also allows for efficient resolution of minor issues without disrupting the main proceedings.

Here are some examples:

• Example 1: Addressing a Legal Objection

  During a criminal trial, the prosecuting attorney begins to ask a witness a question that the defense attorney believes violates a previous court ruling about admissible evidence. Instead of shouting an objection and explaining the legal argument in front of the jury, the defense attorney raises their hand and requests to sidebar. The judge, along with both attorneys, moves to the side of the bench, away from the jury box. There, the defense attorney quietly explains the legal basis for their objection, and the judge can rule on the matter without the jury being influenced by the legal arguments or the potentially inadmissible information.

• Example 2: Discussing Sensitive Witness Information

  In a civil lawsuit involving a minor, a judge might call the attorneys to sidebar to discuss a sensitive personal detail about the child witness that needs to be addressed but should not be disclosed publicly or to the jury. This allows the court to manage the delicate situation with discretion, ensuring the child's privacy is protected while still addressing the necessary legal points with counsel.

• Example 3: Resolving a Scheduling Conflict

  Towards the end of a long day of testimony, one of the attorneys realizes they have a critical, unavoidable scheduling conflict that will prevent a key expert witness from testifying as planned the following morning. Rather than announcing this publicly and causing alarm, the attorney approaches the bench and asks to sidebar. During this private discussion, they inform the judge and opposing counsel about the issue and propose a brief adjustment to the trial schedule, allowing the court to address the logistical challenge efficiently and discreetly.