Local Rule 7016-2: Trials
Bankr. W.D.N.C. — Civil rule
Local Rule 7016-2 Trials
(a) Opening Statements. At the beginning of the trial, each party, beginning with the party having the burden of proof on the first issue, may, without argument and in such reasonable time as the court allows, state to the court the following:
(1) The substance of the claim, counterclaim, crossclaim, or defense; and
(2) What the party contends the evidence will show.
Parties not having the burden of proof on the first issue may elect to make an opening statement immediately prior to presenting evidence rather than at the beginning of the trial.
(b) Witnesses. A party may not release a person from a subpoena without notice to opposing counsel and leave of the court. A party objecting to the release of a witness shall bear all costs incident to the witness that arise subsequent to the request for release. The court, in its discretion and in the interest of justice, may permit a party to call and examine a witness not listed in accordance with the Final Pre-trial Order.
(c) Exhibits. Exhibits shall be presented as follows:
(1) All exhibits shall be marked in advance with numbers;
(2) Copies of all exhibits, properly bound, shall be provided to the court at the beginning of the trial. Copies of exhibits shall be provided to opposing counsel prior to the trial consistent with the Final Pre-trial Order or other order of the court;
(3) The original exhibit shall bear a number. After receipt into evidence, it shall remain in the custody of the courtroom deputy, except when being used by a witness; and
(4) At the discretion of the court, exhibits may be returned to the tendering party upon the conclusion of the trial. It is the responsibility of the retrieving attorney and/or party to maintain the referenced exhibits for purposes of appeal.
(d) Closing Argument. The court will set the times for closing argument after consultation with parties. Unless otherwise ordered by the court, the party with the burden of proof shall open and close the arguments. Any argument may be waived.