Are sidebar or bench conferences part of the official record unless advised otherwise by whom?

Sidebar or bench conferences typically occur during a court proceeding when parties need to discuss matters privately with the judge, away from the hearing's official record and the public. For these discussions to be considered part of the official trial record, it is crucial to follow the proper legal protocol regarding their documentation.

The correct answer indicates that these conferences would be included in the official record unless the judge states otherwise. The judge holds the authority to determine what constitutes the official record in court proceedings. Thus, if the judge decides that specific remarks or discussions during a sidebar should not be recorded, it is their prerogative to instruct that they be kept off the record. This highlights the judge's role in managing the courtroom, ensuring that only relevant, necessary, or appropriate information upholds the integrity of the official record.

Understanding the court's hierarchy and the judge's discretion is vital for legal professionals, as it shapes how proceedings are documented and can influence the outcome of a case.