Sidebar (law)

A sidebar conference, in a legal context, refers to a private discussion between the judge and the attorneys in a case, held at the bench, out of the hearing of the jury and, sometimes, the public. The term originates from the physical location of the discussion, often at the side of the judge's bench, though with modern technology, the discussion might happen in chambers or via remote audio.

The purpose of a sidebar is to address legal issues or procedural matters that could potentially prejudice the jury or disrupt the flow of the trial if discussed openly in front of them. Common topics discussed at sidebar include:

• Objections to evidence: Attorneys may object to evidence presented by the opposing side. Discussing the validity of the objection at sidebar prevents the jury from hearing potentially inadmissible evidence while the objection is being argued.

• Witness examination: Attorneys might seek clarification from the judge regarding permissible lines of questioning for a witness.

• Procedural matters: Issues related to court procedure, such as scheduling, the admissibility of documents, or jury instructions, may be addressed at sidebar.

• Sensitive information: If the attorneys anticipate a witness might inadvertently reveal information that is prejudicial or inadmissible, they may raise the issue at sidebar before the information is presented.

Sidebar conferences are typically recorded by the court reporter for the record, even though the jury does not hear the conversation. This allows appellate courts to review the discussions and rulings made during the sidebar conference should an appeal be filed. The judge has discretion over whether to grant a request for a sidebar conference. Overuse of sidebars can slow down the trial process and frustrate the jury.