Sidebar or bench conferences are part of the official record unless which statement is made?

• A. The parties consent to exclude them.
• B. The judge advises otherwise.
• C. The recording device is paused.
• D. The courtroom is closed.

Answer: (B)

Bench conferences are typically included in the official transcript to ensure the record reflects what happened at the session and any rulings or considerations discussed at the bench. The key point is that the judge has the authority to decide that a sidebar is off the record. When the judge explicitly instructs that the sidebar should not be part of the record, that directive overrides the default. Therefore, the statement that makes sidebars not part of the record is the judge advising otherwise. Consent from the parties to exclude them does not automatically override the judge’s direction, and pausing the recording or closing the courtroom involves different mechanics than the judge’s binding instruction about what is or isn’t recorded.