Where to sit in family court is one of the most common questions people ask before their first South Carolina Family Court hearing. If you’re preparing for a family court hearing in Charleston, Berkeley, or Dorchester County, understanding courtroom seating arrangements can help you feel confident and prepared. This guide explains exactly where to sit in family court, courtroom etiquette, and what to expect during your hearing.
Understanding South Carolina Family Courtroom Layout
South Carolina family courtrooms follow a traditional layout designed to maintain order and facilitate legal proceedings. Here’s what you need to know about courtroom seating arrangements.
The Judge’s Bench
The judge sits at an elevated bench at the front of the courtroom. This is the most prominent feature in any South Carolina courtroom, and you should always face the judge’s bench when addressing the court.
The Well of the Court
The area directly in front of the judge’s bench is called “the well.” This is where attorneys stand when presenting arguments, examining witnesses, or addressing the judge. As a party to the case, you generally should not enter this area unless invited by the judge or directed by your attorney.
Counsel Tables
Two tables face the judge’s bench in the well of the court. These are the counsel tables where you and your attorney will sit during your hearing.
Which table should you sit at?
In South Carolina Family Court hearings, the defendant (the party responding to the action) and the defendant’s attorney sit at the table on the side of the courtroom with the secured door. Very often, you will see a secured door on one side of the courtroom and see a deputy positioned beside it. This door is often used by Sheriff’s deputies and persons who are in custody (jail). The plaintiff (the party who filed the action) sits at the other counsel table. However, specific arrangements can vary by courtroom and judge, so your attorney will guide you to the appropriate table.
Where to Wait Before Your Case Is Called
In most Charleston, Berkeley, and Dorchester County family courts, you should wait outside the courtroom in the hallway until the bailiff calls your case. Do not enter the courtroom and sit in the public gallery unless directed to do so by court staff or your attorney.
The bailiff will come to the courtroom door and call out case names or numbers. When you hear your case called, you and your attorney will enter the courtroom together. The bailiff will direct you to the appropriate counsel table.
Important waiting guidelines:
Stay near the courtroom door so you can hear when your case is called
Keep your phone on (but silenced) while waiting in the hallway so your attorney can reach you
Use the restroom before your scheduled time so you don’t miss your case being called
Bring something quiet to do while waiting, but stay alert for your name or case number
Arrive at least 30 minutes early to check in with court staff if required
Once you’re inside the courtroom and your case is being heard, the public gallery (the rows of benches behind the bar) is where witnesses and family members providing support may sit. However, you should not sit in the public gallery yourself—you’ll go directly to the counsel table with your attorney when your case is called.
Where to Sit During Your Family Court Hearing
Once your case is called, your attorney will escort you to the appropriate counsel table. Here’s what to expect:
At the Counsel Table
Sit next to your attorney at the counsel table. Your attorney will typically sit in the chair closest to the center of the courtroom (nearest to the opposing counsel) so they can easily approach the podium or address the court.
Maintain proper posture: Sit up straight with both feet on the floor. Avoid slouching, leaning back, or putting your elbows on the table.
Keep materials organized: If you brought documents, keep them neatly stacked or in a folder. Your attorney will guide you on when to reference specific documents.
When to Stand
You should stand at specific times during your family court hearing:
– When the judge enters or leaves the courtroom
– When you are sworn in to testify
– When the judge addresses you directly (unless you are already testifying)
– When your case is called if you’re in the gallery
– When the judge announces a ruling in your case
Your attorney will give you subtle cues about when to stand if you’re unsure.
If You Need to Testify
When it’s time for you to testify in your custody hearing, child support matter, or divorce proceeding, you will move to the witness stand—a chair next to the judge’s bench. The court clerk or bailiff will swear you in before you testify. Remain in the witness stand until the judge tells you that you may step down.
Where Do Witnesses Sit?
If you have witnesses attending your family court hearing, they should sit in the public gallery until they are called to testify. In South Carolina, witnesses are sometimes subject to the “rule of sequestration”, meaning they must wait outside the courtroom until called to testify. Your attorney will inform you if this rule applies to your case.
Family members providing support (who are not witnesses) may sit in the public gallery throughout the hearing unless the judge orders the courtroom closed, which can happen in sensitive family law matters involving minors.
What About Children?
Generally, children should not attend family court hearings unless they are called as witnesses or the judge has requested to speak with them. South Carolina Family Courts handle sensitive matters like custody disputes, divorce, and domestic violence allegations, and these proceedings are not appropriate environments for children. Even teenagers should typically remain outside unless their presence is required.
If a judge needs to hear from a child about custody preferences (typically children age 16 or older), the judge may speak with the child in chambers rather than in open court.
Charleston Family Court Etiquette: What You Need to Know
Knowing where to sit is just one aspect of courtroom etiquette. Here are additional tips:
Dress appropriately: Business casual or professional attire shows respect for the court. Avoid jeans, shorts, tank tops, or clothing with offensive graphics.
Silence your phone: Turn off your cell phone completely before entering the courtroom. Even vibrations can be disruptive.
Avoid reactions: Don’t shake your head, sigh audibly, or make facial expressions when the opposing party or their witnesses testify. The judge notices these reactions and they can hurt your case.
Don’t interrupt: Never interrupt the judge, the opposing party, or witnesses. Write notes to your attorney if you need to communicate during the hearing.
Address the judge properly: Always say “Your Honor” when speaking to the judge. Never address the judge by their first name or as “sir” or “ma’am.”
Wait your turn: Do not approach the bench or try to speak unless the judge invites you to do so.
What If I Don’t Have an Attorney?
If you are representing yourself (appearing “pro se”) in Charleston, Berkeley, or Dorchester County Family Court, you will sit at one of the counsel tables alone. The same rules apply:
– The defendant sits at the table on the side with the secured door (the door used by Sheriff’s deputies and persons in custody)
– The plaintiff sits at the other counsel table
– Stand when appropriate
– Address the judge as “Your Honor”
– Follow all courtroom procedures and etiquette
However, family law cases involving custody, complex property division, or alimony can be legally complicated. Even if you plan to represent yourself, consulting with an experienced South Carolina family law attorney before your hearing can help you understand your rights and present your case effectively.
Arriving Early: What to Do While You Wait
Plan to arrive at the Charleston, Berkeley, or Dorchester County Family Court at least 30 minutes before your scheduled hearing time. This gives you time to:
– Find parking (courthouse parking can be limited)
– Go through security screening
– Locate the correct courtroom
– Check in with court staff if required
– Use the restroom
– Review your notes with your attorney
– Wait in the hallway near your assigned courtroom
Contact a Charleston Family Law Attorney
If you have questions about an upcoming family court hearing or need representation in a custody, divorce, or child support matter, contact Klok Law Firm LLC for a consultation. As experienced Charleston family law attorneys serving Berkeley and Dorchester Counties, we can:
– Explain what to expect at your family court hearing
– Help you prepare for court and understand courtroom procedures
– Represent you in custody disputes, divorce proceedings, and child support cases
– Advocate effectively for your rights in South Carolina Family Court
Don’t let uncertainty about courtroom procedures add to your stress. With proper preparation and experienced legal representation, you can walk into family court feeling confident and ready to present your case.
Call today to schedule your consultation with a South Carolina family law attorney.