Cell phones are allowed in most courthouses, but whether you can carry one into a courtroom, keep it on, or use it once you’re seated depends entirely on the court, the type of proceeding, and your role in it. Some buildings ban electronic devices at the front door. Others let you bring a phone through security but require it to stay outside the courtroom. The most lenient courts allow silent phones in the gallery. Check the specific court’s policy before you go.
The Four Common Policy Tiers
Courthouse rules generally fall into one of four categories, and federal districts alone span the full range.
- Full building ban. The U.S. Supreme Court takes this approach during sessions, prohibiting cell phones, laptops, tablets, smartwatches, and cameras from the courtroom entirely. Visitors store devices in lockers or a checkroom on the ground floor.1Supreme Court of the United States. Prohibited Items
- Building allowed, courtroom prohibited. You can bring a phone through security but must leave it outside the courtroom, often in a bag or locker near the entrance.
- Courtroom allowed, powered off. The phone can come in with you, but it has to be fully off. Not silent, not vibrate. Off.
- Silent or vibrate permitted. The most permissive courts let phones stay on silent in the gallery, provided they’re out of sight and don’t disturb anyone.
Where a specific court sits on this spectrum depends on the jurisdiction, the proceeding, and sometimes the individual judge. A bankruptcy hearing and a murder trial in the same building can operate under different rules.
Rules Change Based on Your Role
Spectators
Members of the public face the strictest rules. Phones generally must be off or silenced and stowed. In most courtrooms you will not be permitted to text, browse, or take notes on your phone during proceedings. The gallery is closer to a strict movie theater than a waiting room: your phone should be invisible and inaudible.
Jurors
Jurors face some of the tightest restrictions in the building. A juror who looks up a legal term, reads news coverage of the case, or texts about the evidence can compromise the entire trial. Courts routinely instruct jurors not to bring phones into the courtroom, and those who do are typically required to leave devices in the deliberation room or hand them to court staff during proceedings.2United States Courts. Portable Communication Devices in Courthouses Jurors who research a case on their phones have triggered mistrials in federal court, and social media posts by jurors during trials have led to appeals and overturned verdicts.
Attorneys
Lawyers typically have more leeway than anyone else in the courtroom. They often need phones and tablets to access case files, communicate with colleagues, or review research during proceedings. Most courts grant that privilege on the condition that devices stay on silent and are used discreetly.
Witnesses
Witnesses face restrictions aimed at preventing outside influence on their testimony. Under a sequestration order, a witness is not supposed to hear other testimony or discuss the case, and a phone makes both violations easy. Courts typically require witnesses to surrender devices or keep them powered off while waiting to testify and during testimony.
Recording, Photos, and Broadcasting Are a Separate Category
Even in courts that allow you to carry a phone, using it to record audio, take photos, or broadcast is almost always prohibited and treated far more seriously than a phone ringing. In federal criminal cases, taking photographs or broadcasting proceedings from the courtroom is flatly banned.3Legal Information Institute. Federal Rules of Criminal Procedure Rule 53 – Courtroom Photographing and Broadcasting Prohibited Most state courts have similar prohibitions, though a small number allow limited courtroom recording with judicial approval.
The penalties are steeper than for a noise disruption. Where a ringing phone might earn a warning, recording a witness or photographing jurors can lead to immediate contempt charges, device confiscation, and potential criminal prosecution. Judges treat unauthorized recording as a threat to the integrity of the proceeding. Journalists seeking to cover a case should contact the court’s public information office in advance about media access policies.
What Happens If You Break the Rule
Penalties escalate quickly and sit largely within the judge’s discretion. A first offense usually draws a sharp look and a verbal warning from the bailiff. After that:
- Confiscation. A court officer can take your phone for the duration of your visit. You get it back when you leave; arguing in the moment makes things worse.
- Removal from the courtroom. Repeated violations or refusals will get you escorted out. If you are a party to the case, that creates real problems for your own matter.
- Fines. Many courts impose monetary penalties for device violations, with amounts varying by jurisdiction and the severity of the disruption.
- Contempt of court. Federal courts have the power to punish contempt by fine, imprisonment, or both for misbehavior in the court’s presence that obstructs the administration of justice. A contempt finding for a phone violation can mean hours or days in jail, decided on the spot.4Office of the Law Revision Counsel. 18 USC 401 – Power of Court
One protection matters here. Even when a judge acts immediately on contempt, due process requires the judge to say contempt is being considered and give you a chance to explain. Appellate courts have reversed contempt convictions where judges skipped that step or where the violation was accidental rather than deliberate. If your phone rings because you genuinely forgot to silence it, saying so respectfully and immediately makes a difference. Defiance is what turns a warning into a jail cell.
How to Check a Specific Court’s Policy Before You Go
Look up the court’s policy before your visit. Most courts publish their electronic device rules online as administrative orders or local rules.2United States Courts. Portable Communication Devices in Courthouses Search for the court’s name plus “electronic device policy” and you’ll usually find a clear statement of what is and isn’t allowed.
If nothing is posted, call the clerk of court’s office. Clerks handle these questions routinely and can tell you what to expect at the security checkpoint. When you arrive, watch for signs near the entrance and at screening stations. If you use a medical device that pairs with your phone, such as a continuous glucose monitor or Bluetooth hearing aid, contact the clerk’s office ahead of time to arrange an accommodation rather than trying to explain it to a security officer at the door.
When the Phone Is the Courtroom
Many courts have expanded remote hearings since 2020, and in some jurisdictions you can now appear by phone or video for scheduling conferences, arraignments, and certain civil motions. When a court allows remote participation, treat your phone as the courtroom: find a quiet location, stay on mute when not speaking, and don’t multitask. Courts vary on which proceedings allow remote appearances, and a judge can require in-person attendance at any point. Check the court’s website for its remote hearing policies and platforms.