A benchbook is a book providing an overview of
legal procedure for a
judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
.
These books are used by judges while hearing cases as guides to assist in the disposition of a
case
Case or CASE may refer to:
Containers
* Case (goods), a package of related merchandise
* Cartridge case or casing, a firearm cartridge component
* Bookcase, a piece of furniture used to store books
* Briefcase or attaché case, a narrow box to c ...
. A benchbook is not a source of substantive law but rather a guide to procedure. Benchbooks are used in conjunction with manuals on
civil procedure,
criminal procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or ...
, and
evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field.
In epistemology, evidenc ...
to assist the judge in trial. Benchbooks are also published on more narrow technical areas of law that may come before the judge, e.g. domestic law, public health law, etc.
The term may also apply to materials prepared in anticipation of hearing a particular case or set of cases. Such a benchbook often contains documents related to the case and relevant legal authority. This meaning is most commonly used in reference to
appellate court judges, who may prepare a benchbook for each day's argument session.
References
Legal literature
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