Rule 3.050.Proper Position of Parties Before Court
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 3.050
Plain-English Summary
Three requirements, and the third is a permission rather than a restriction. Parties must rise from their positions at counsel table and stay standing while addressing the court or the jury, with voir dire carved out. They must not approach the bench except by permission. And they must be allowed to move freely about the courtroom during trial unless the court instructs otherwise. Remember that under UTCR 1.110 a party means the litigant or the litigant's attorney, so all three apply to lawyer and client alike.
The free-movement provision arrived with a committee commentary in 1991 that explains what it was for and what it was not. It was meant to help witnesses identify exhibits, to let attorneys and witnesses use diagrams, photographs, and other exhibits, and to encourage demonstrative evidence that helps the fact finder understand the case. It was not meant to move control of the trial from the judge to the litigants, and the commentary says the court keeps its ability to maintain decorum and order.
The same commentary lists the sorts of things that affect how much movement fits a particular case: the physical layout of the courtroom, the age of the witness, the emotional or physical condition of the witness, and the size, number, and nature of the exhibits. It encourages litigants and the trial judge to talk about those considerations when trial begins. That is the practical takeaway. If your case involves a large exhibit, a fragile witness, or a cramped courtroom, raise movement at the outset instead of discovering the judge's view of it mid-examination.
Frequently Asked Questions
Do I have to stand when I speak to the judge?
Yes. Parties must rise from their positions at counsel table and remain standing while addressing the court or the jury.
Voir dire is the exception written into the rule.
Can I walk up to the bench during a hearing?
Not without permission. The rule tells parties not to approach the bench except by permission of the court.
Can I move around the courtroom while questioning a witness?
The rule says parties must be allowed to move freely about the courtroom during trial unless the court instructs otherwise. The default favors movement.
The commentary behind the provision ties that freedom to identifying exhibits and using demonstrative evidence effectively.
Can the judge limit how much I move during trial?
Yes. The freedom yields when the court instructs otherwise, and the commentary confirms that the court retains its ability to maintain decorum and order.
It also encourages litigants and the judge to discuss the question at the start of trial, taking account of things like the courtroom layout, the witness's age and condition, and the exhibits involved.
Does this rule apply to a party without a lawyer?
It does. UTCR 1.110 defines a party as the litigant or the litigant's attorney, so a self-represented litigant rises to address the court, seeks permission before approaching the bench, and enjoys the same freedom of movement during trial.