Legal Definitions - sidebar conference

A sidebar conference is a brief, private discussion held during a court proceeding, typically involving the judge and the attorneys, or sometimes the judge and a juror or prospective juror. Its primary purpose is to address legal or procedural issues that need to be resolved without the jury or other parties present, to prevent them from hearing potentially prejudicial or irrelevant information. These discussions often occur at the judge's bench, just out of earshot of the jury, and are also known as a bench conference.

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

• Example 1: Discussing Admissibility of Evidence

  During a criminal trial, the prosecutor attempts to introduce a photograph as evidence. The defense attorney believes the photograph is highly prejudicial and irrelevant to the case. Instead of arguing the complex legal points in front of the jury, the defense attorney raises an objection. The judge then calls both attorneys to a sidebar conference. There, out of the jury's hearing, they quietly debate the legal standards for admitting such evidence, allowing the judge to make a ruling without potentially influencing the jury with arguments about evidence they might not ultimately be allowed to see.

• Example 2: Addressing a Juror's Personal Conflict

  During jury selection (known as voir dire) for a civil lawsuit, a potential juror indicates on a questionnaire that they have a strong personal opinion about the type of business involved in the case, but they are reluctant to elaborate publicly. To protect the juror's privacy and ensure a fair selection process, the judge asks the potential juror to approach the bench for a sidebar conference. In this private discussion, the juror can explain their potential bias or conflict without disclosing sensitive personal details to the entire courtroom, allowing the judge and attorneys to determine if they can serve impartially.

• Example 3: Resolving a Procedural Delay

  In the middle of a witness's testimony, one of the attorneys realizes that a crucial document needed for cross-examination has been misplaced by their team. Rather than announcing this issue to the entire court, which could disrupt the proceedings or create an impression of disorganization, the attorney requests a sidebar conference. The judge and both attorneys briefly discuss the need for a short recess to locate the document and agree on how to proceed, maintaining the decorum and perceived efficiency of the trial while keeping the jury unaware of the minor logistical hiccup.