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 Post subject: Does plaintiff sit on the right or the left?
PostPosted: Mon Mar 19, 2012 5:52 pm 
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Does plaintiff sit on the right or the left?


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 Post subject: Re: Does plaintiff sit on the right or the left?
PostPosted: Mon Mar 19, 2012 5:58 pm 
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Depends on the court.


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 Post subject: Re: Does plaintiff sit on the right or the left?
PostPosted: Mon Mar 19, 2012 6:00 pm 
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The person with burden of proof (plaintiff or gov) always sits next to the jury box (people to be persuaded). The overall burden...you don't switch for motions.


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 Post subject: Re: Does plaintiff sit on the right or the left?
PostPosted: Mon Mar 19, 2012 10:42 pm 
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The Duck wrote:
The person with burden of proof (plaintiff or gov) always sits next to the jury box (people to be persuaded). The overall burden...you don't switch for motions.



Nah this isn't always true. It really just depends on the court/location.


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 Post subject: Re: Does plaintiff sit on the right or the left?
PostPosted: Mon Mar 19, 2012 10:44 pm 
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leobowski wrote:
The Duck wrote:
The person with burden of proof (plaintiff or gov) always sits next to the jury box (people to be persuaded). The overall burden...you don't switch for motions.



Nah this isn't always true. It really just depends on the court/location.


Uh, I'm pretty sure it is. I've been in dozens of courtrooms and had this discussion with a federal judge and several long-time trial attorneys in several states. Hell, even my Civ Pro prof told us this.

I've seen some deviation in the local county seat in a room or two but thats because they have no jury box. Where it should be is a standing room place for the various defense attorneys coming to the daily call. There may be rare exceptions but if there are it'll be pretty evident.

Think about it, otherwise the defendant would be sitting directly next to the jury box. The defense attorney would be seated towards the center and he/she'd be on the outside.

http://www.da18.org/CourtroomMapDiagram.aspx
http://courts.michigan.gov/lc-gallery/order-in-court.htm
http://www.utd.uscourts.gov/documents/Outreach/Courtroom_Layout.pdf
http://www.scribd.com/doc/6376764/How-NOT-To-Be-An-Asshat-in-the-Courtroom

http://www.lebcounty.org/Court_System/Pages/JuryServiceInformation.aspx wrote:
The plaintiff and his or her lawyer sit at the table nearest the jury. In a criminal case the PROSECUTOR, the party who brings the charge, frequently a police officer, and a DISTRICT ATTORNEY, the lawyer for the prosecution, sit at the table nearer the jury.


Last edited by The Duck on Mon Mar 19, 2012 11:00 pm, edited 1 time in total.

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 Post subject: Re: Does plaintiff sit on the right or the left?
PostPosted: Mon Mar 19, 2012 10:58 pm 
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I tried to look this up. Wikipedia let me down this time. However, I did learn this:

Wikipedia wrote:
On one side is the judge's bench, the tables for the plaintiff, the defendant, and their respective counsel, and a separate group of seats known as the jury box where the jury sits (in jurisdictions that allow for jury trials). Apart from the parties to the case and any witnesses, only the lawyers can literally pass the bar (court personnel and jury members usually enter through separate doors), and this is the reason why the term "the bar" has come to refer to the legal profession as a whole.


Image


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 Post subject: Re: Does plaintiff sit on the right or the left?
PostPosted: Mon Mar 19, 2012 11:13 pm 
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So, there's actually an entire law review comment written about this:

http://yalelawjournal.org/images/pdfs/164.pdf

Quote:
Courtroom seating is properly within a trial judge's discretion, and there are good reasons for seating some criminal defendants far from the jury.


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 Post subject: Re: Does plaintiff sit on the right or the left?
PostPosted: Mon Mar 19, 2012 11:19 pm 
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In almost all cases the plaintiff sits closest to the jury. In the SDNY there are a handful of court rooms where the counsel tables are situated one in front of the other. In those courtrooms, the plaintiff usually sits in front. I have not written a law review article on this, I've just never gotten lost on my way to argue ;)


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 Post subject: Re: Does plaintiff sit on the right or the left?
PostPosted: Mon Mar 19, 2012 11:51 pm 
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reasonable_man wrote:
In almost all cases the plaintiff sits closest to the jury. In the SDNY there are a handful of court rooms where the counsel tables are situated one in front of the other. In those courtrooms, the plaintiff usually sits in front. I have not written a law review article on this, I've just never gotten lost on my way to argue ;)


I agree with this. In Nassau County, almost all the courtrooms have the P table in front of the D table.


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 Post subject: Re: Does plaintiff sit on the right or the left?
PostPosted: Mon Mar 19, 2012 11:51 pm 
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Prosecution is closest to the jury (keep the criminal defendant at a safe distance from jurors).


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 Post subject: Re: Does plaintiff sit on the right or the left?
PostPosted: Tue Mar 20, 2012 12:20 am 
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The Duck wrote:
leobowski wrote:
The Duck wrote:
The person with burden of proof (plaintiff or gov) always sits next to the jury box (people to be persuaded). The overall burden...you don't switch for motions.



Nah this isn't always true. It really just depends on the court/location.


Uh, I'm pretty sure it is. I've been in dozens of courtrooms and had this discussion with a federal judge and several long-time trial attorneys in several states. Hell, even my Civ Pro prof told us this.

I've seen some deviation in the local county seat in a room or two but thats because they have no jury box. Where it should be is a standing room place for the various defense attorneys coming to the daily call. There may be rare exceptions but if there are it'll be pretty evident.

Think about it, otherwise the defendant would be sitting directly next to the jury box. The defense attorney would be seated towards the center and he/she'd be on the outside.

http://www.da18.org/CourtroomMapDiagram.aspx
http://courts.michigan.gov/lc-gallery/order-in-court.htm
http://www.utd.uscourts.gov/documents/Outreach/Courtroom_Layout.pdf
http://www.scribd.com/doc/6376764/How-NOT-To-Be-An-Asshat-in-the-Courtroom

http://www.lebcounty.org/Court_System/Pages/JuryServiceInformation.aspx wrote:
The plaintiff and his or her lawyer sit at the table nearest the jury. In a criminal case the PROSECUTOR, the party who brings the charge, frequently a police officer, and a DISTRICT ATTORNEY, the lawyer for the prosecution, sit at the table nearer the jury.



Your original post indicated that this is always the arrangement. That's not really correct, hence my above response.


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 Post subject: Re: Does plaintiff sit on the right or the left?
PostPosted: Fri Mar 23, 2012 10:33 pm 
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Posts: 7629
reasonable_man wrote:
In almost all cases the plaintiff sits closest to the jury. In the SDNY there are a handful of court rooms where the counsel tables are situated one in front of the other. In those courtrooms, the plaintiff usually sits in front. I have not written a law review article on this, I've just never gotten lost on my way to argue ;)


Can attest that this unpublished rule applies outside of Manhattan.


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