Legal Question in Criminal Law in Missouri

Must you stand when a judge enters his courtroom?

Is there a law or is it merely a custom. Does 'All rise' carry any penalties for not complying, such as contempt of court?

Is the answer applicable to Federal Grand Jury duty as well as state and local courts? I'm due to serve commencing Monday, February 14, 2005. I hope to have an answer before then. I called the court help line but no one there knew the answer.

Thank you.

Asked on 2/06/05, 3:27 am

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Must you stand when a judge enters his courtroom?

Why would the answer matter. Are you planning to remain sitting while others stand or berate those who do not stand? The general answer is that local rules control whether you are to stand when the the judge enters or leaves. Their would be little barricade to a judge holding someone in contempt for not obeying local custom. However, I do not know of a single case where a judge has found a juror in contempt for not rising enough. (Many people just sort of lean forward and lift their rear slightly off their chair.)

Good Luck

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Answered on 2/07/05, 11:30 pm

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