MANUAL ON RECURRING PROBLEMS IN CRIMINAL TRIALS - 2001
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Part V(C). Other Issues - Part V(C) 5. Bench Conferences

        Part V(C)5a    Bench Conferences: General Principles

MANUAL ON RECURRING PROBLEMS IN CRIMINAL TRIALS - 2001

CAVEAT: See Publication Preface and Caveats.

2.5.10 Record Of Bench Conference

10.1.2 Jury Selection: Right Of Defendant To Be Present At All Phases Of Jury Selection Including Bench Or Sidebar Discussions

16.13.3 Bench Conference: Cautionary Instructions

16.14.1 Bench Conference

FRCRP 43(c) provides that a defendant need not be present at a conference or argument on a question of law, and need not sign a written waiver of his or her presence.

Egger v. United States, 509 F.2d 745 (9th Cir. 1975)
United States v. Gunter, 631 F.2d 583 (8th Cir. 1980)
In re Shriner, 735 F.2d 1236 (11th Cir. 1984)

The decision whether to conduct bench conferences, or side bar discussions, is a matter within the trial court's discretion.

United States v. Laurins, 857 F.2d 529 (9th Cir. 1988)

All bench conferences must be fully reported. It is error not to have the court reporter record bench conferences.

United States v. Snead, 527 F.2d 590 (4th Cir. 1975)

The Fifth Circuit has suggested that when a bench conference is held the jury be excluded from the courtroom or the conference be held in chambers so that it can be completely reported.

United States v. Brumley, 560 F.2d 1268 (5th Cir. 1977)