(a)    Conduct of Counsel During Trial. 

 

(1)   Counsel, when addressing the Court, shall rise, and all statements and communications by counsel to the Court shall be clearly and audibly made from the counsel's table or the lectern.  Counsel shall not approach the Judge's bench, while Court is in session, for private communications unless granted permission or requested to do so by the Judge.

 

(2)   The examination of witnesses shall be conducted from the lectern, except when necessary to approach the witness or the reporter's table for the purpose of presenting or examining exhibits.

 

(3)   On the trial of an issue of fact or the presentation of a motion or other matter, only one attorney for each party shall examine or cross-examine any witness or present argument to the Court unless otherwise ordered or specifically permitted by the Court.

 

(b)    Examination of Jurors.

 

(1)   Unless otherwise ordered by the Court, the voir dire examination of trial jurors shall be conducted by the Court.  Counsel may submit questions which they desire the Court to ask the jurors either prior to the trial or in the manner provided in a pretrial order.  In both criminal and civil cases, a full panel, normally 28 in number in a criminal case, shall first be called, sworn, and qualified before any peremptory challenges are exercised by any party.

 

(2)   Peremptory challenges in a civil case shall be exercised by the defendant and plaintiff alternately striking one each until each side has exhausted or waived its peremptory challenges.  In third-party civil actions, peremptory challenges shall be exercised by the defendant, the third-party defendant, and the plaintiff striking one each until each party has exhausted or waived its peremptory challenges.

 

(3)   Peremptory challenges in a normal criminal case with 28 jurors in the box shall be exercised in the following order:  three by defendant, two by the government; three by defendant, two by the government; two by defendant, one by the government; and two by defendant, one by the government.

           

(c)   Opening Statements and Final Arguments.      

 

(1)   In a civil case, after a jury has been selected, the party having the affirmative of the issue may open the case by stating generally what that party expects to prove or may waive such opening statement and be prepared to proceed with the production of evidence. Whether or not the party having the affirmative of the issue makes an opening statement or waives the same, the opposing party or parties, if an opening statement is desired, shall make the same forthwith and before the production of any evidence or shall be deemed to have waived the same, unless leave of court be obtained to proceed otherwise.  In criminal cases, after a jury has been selected, the defendant may make an opening statement prior to the receipt of any evidence or may reserve such, if so desired, until the completion of the prosecution's case.

 

(2)   In final arguments, counsel shall not be allowed to exceed one hour unless the Court on request grants additional time.  In civil cases the party having the affirmative of the issue shall have the closing final argument and the other party shall proceed first with no rebuttal.  In criminal cases, the government shall make its final argument first, then the defendant shall argue next, with an opportunity to the government for brief rebuttal.

 

[Adopted effective February 1, 1991]