Local Rule Rule 123: Courtroom Practice
D. Me. — Criminal rule
Rule 123 Courtroom Practice
(a) Opening Statements Opening statements may not be argumentative or exceed 30 minutes in length, except by leave of Court.
(b) Closing Arguments The Court will determine the length of closing arguments. Only one attorney may argue for each party, except by leave of Court. The Government must argue first and may reserve for rebuttal such time as may be fixed by the Court.
(c) Examination of Witnesses
(1) The examination of a particular witness, and objections relating to that examination, must be made by one attorney for each party, except by leave of Court.
(2) On oral motion of a party or on its own motion, the Court may order on such terms as it may prescribe that a witness under examination in court may not discuss the witness's testimony, including during any recess taken during the examination or before the witness is finally excused.
(d) Attorneys as Witnesses No attorney may without leave of Court conduct the trial of a jury action in which the attorney is a witness for the party represented at trial.
(e) Trial Day The presiding judge will establish the limits of the trial day.
(f) Exhibits
(1) Custody and Marking. All exhibits must be marked for identification prior to trial in accordance with the final pretrial order. Unless otherwise ordered by the Court, all exhibits offered in evidence, whether admitted or excluded, will be held in the custody of the Clerk during the pendency of the proceedings. Exhibits that, because of their size or nature, require special handling, however, must remain in the possession of the party introducing them. Exhibits retained by counsel must be preserved in the form in which they were offered until the proceeding is finally concluded.
(2) Return. Unless otherwise ordered by the Court, at the conclusion of the proceeding, all nondocumentary exhibits will be returned to the submitting parties who must keep them in the form in which they had been offered and who must make them available for the use of other parties, the Court, or an appellate court until the expiration of any appeal. Any documentary exhibits must be withdrawn by counsel who offered them within 30 days after the final determination of the action by this or any appellate court. Upon counsel's failure to timely remove any exhibits, the Clerk may, after due notice to counsel, dispose of them as necessary.
(3) Valuable Exhibits. A party who offers valuable exhibits is responsible for their insurance and protection.
(4) Photographs of Chalks. Counsel may photograph or otherwise copy any chalk in order to make a record of it.
(5) Firearms. A party intending to offer a firearm must first deliver it to the Marshal who will ensure that it is not loaded and that it is rendered safe for presentation in court. During the course of the proceedings, the firearm must remain in the custody and control of a custodian approved in advance by the Court and the Marshal. A firearm may be examined by a deliberating jury only while in the custody of a Court Security Officer, who must remain, without comment, in the jury room during the examination.
(g) Official Record The only official record of any court proceeding is a record prepared by an authorized court reporter or an electronic sound recording made by court personnel or a transcript prepared therefrom by professional transcription services, when properly certified in each case.