Local Rule Rule 39: Courtroom Practice

Rule 39 Courtroom Practice Unless otherwise ordered by the Court, the following rules will govern courtroom practice.

(a) Opening Statements Opening statements may not be argumentative or exceed 30 minutes in length. Only one attorney may make an opening statement for each party. The defendant may make an opening statement immediately following the plaintiff's opening statement or after the close of the plaintiff's evidence.

(b) Closing Arguments The Court will determine the length and order of closing arguments. Only one attorney may argue for each party. The plaintiff in a civil action will argue first and may reserve for rebuttal such time as fixed by the Court.

(c) Examination of Witnesses

(1) Only one attorney for each party may examine or object to examination of each witness.

(2) The Court, on its own or on motion of a party, may order that a witness under examination not discuss the witness's testimony with counsel or others, including during any recess taken during the examination or before the witness is finally excused.

(d) Trial Day

(1) The Court will establish the limits of the trial day.

(2) The Court may establish the amount of time that each party will have for its case, including for cross-examination of witnesses.

(e) Exhibits

(1) Custody and Marking. All exhibits must be marked prior to trial in accordance with the final pretrial order or at trial if allowed by the Court. All exhibits offered or admitted into evidence, used, or referred to during trial must be left in the custody of the Clerk, unless otherwise ordered by the Court or addressed in this rule.

(2) Valuable or Bulky Exhibits. A party who offers a valuable or bulky exhibit is responsible for its insurance and safekeeping.

(3) Firearms, Ammunition, Edged Weapons. A party intending to offer a firearm, ammunition, or an edged weapon (e.g., knife, machete) must first deliver it to the Marshal who will ensure that the item is unloaded and is rendered safe for presentation in court. During the proceedings, the firearm, ammunition, or edged weapon must remain in the custody and control of a custodian approved in advance by the Court and the Marshal. If, as part of its deliberation, a jury is provided such an item for examination, the item must remain in the custody of a court security officer, who must remain, without comment, in the jury room during the jury's examination of the item. Once viewed, the item must then be returned to and remain with the approved custodian until completion of the trial.

(4) Other Dangerous Items. Counsel must obtain permission from the Court before seeking to bring into the courtroom any other potentially dangerous items, such as dangerous chemicals, scheduled drugs, sharp objects, accelerants, explosives, or any other exhibit that may present a physical or security concern if not maintained in the custody of a trained individual.

(5) Return. After the conclusion of the proceeding, all exhibits will be returned to or made available for pick-up by the submitting parties, who must preserve them in the form in which they were offered, marked, or used, until any appeals are finally concluded. Upon a party's failure to timely remove any exhibits, the Clerk may, after notice to the party, dispose of them.