Define: Sidebar Comment

A sidebar comment is a statement or remark made by an attorney during a trial or hearing that is not intended to be heard by the judge or jury. It is typically whispered to the attorney’s co-counsel or client and is meant to provide additional information or strategy.

Sidebar comments are generally allowed in court, but they are subject to certain rules and limitations. They are typically used to address procedural matters or discuss legal issues that may arise during the trial. However, they should not be used to make inappropriate or prejudicial statements.

No, sidebar comments are not considered evidence and cannot be used as such. They are typically not recorded or transcribed, and their purpose is to facilitate communication between attorneys and the judge without the knowledge of the jury.

While sidebar comments can provide additional information or arguments to the judge, they are not meant to directly influence the judge’s decision. The judge is expected to base their decision on the evidence presented in court and the applicable laws, rather than on sidebar comments.

Ideally, sidebar comments should not be overheard by the jury. They are typically conducted at the bench, away from the jury’s hearing range. However, in some cases, if the comment is loud enough or if the jury is in close proximity, they may inadvertently hear parts of the sidebar conversation.

If a sidebar comment is overheard by the jury, it can potentially lead to a mistrial or other complications. The judge may need to address the situation by instructing the jury to disregard the comment and reminding them to base their decision solely on the evidence presented in court.

Sidebar comments are generally not admissible as evidence, including for the purpose of impeaching a witness. Impeachment typically involves challenging a witness’s credibility through cross-examination or presenting contradictory evidence, rather than relying on sidebar comments.

Sidebar comments are generally not considered part of the official court record, and therefore, they cannot be used as grounds for an appeal. Appeals are typically based on errors in the application of the law or procedural mistakes made during the trial, rather than on sidebar comments.

If a sidebar comment is inappropriate, unethical, or violates professional conduct rules, it may be possible to file a complaint against the attorney who made the comment. However, it is important to consult with a legal professional or the appropriate disciplinary authority to understand the specific requirements and procedures for filing such a complaint.

Sidebar comments can be used as part of a defence strategy if they provide valuable information or insights to the attorney. However, it is crucial to ensure that the comments are made within the boundaries of legal and ethical standards, as inappropriate or prejudicial comments can have negative consequences for the defence case.