Local Rule Rule 107: Trial
D. Md. — Civil rule
RULE 107. TRIAL
1. [Reserved for Future Use]
2. Postponements – Client Consent Required
No motion seeking the postponement of any trial shall be made by any counsel without the knowledge and consent of the client whom that counsel represents.
3. Subpoenas – When Served by Marshal
As provided in L.R. 103.2.b, unless ordered by the Court, the United States Marshal shall not serve trial subpoenas except for a party who is proceeding in forma pauperis without counsel.
4. Imposition of Jury Costs for Late Settlement
Except for good cause shown, whenever the settlement of an action tried by a jury causes a trial to be postponed, canceled, or terminated before a verdict, all juror costs shall be imposed upon the parties unless counsel has notified the Court and the Clerk's Office of the settlement at least one (1) full business day prior to the day on which the trial is scheduled to begin. The costs shall be assessed equally against the parties and their counsel unless otherwise ordered by the Court.
5. Exhibits
a) Pretrial Numbering and Exchange of Exhibits
Counsel are to number exhibits prior to trial in accordance with L.R. 106.7.a. At trial, counsel need not hand to other counsel for review any exhibit which prior to trial was made available for review and copying in accordance with L.R. 106.7.b.
b) Admission into Evidence
Unless otherwise ordered by the Court, or unless counsel requests that a particular exhibit be marked for identification only, whenever an exhibit number is first mentioned by counsel during the examination of a witness at trial, the exhibit shall be deemed to be admitted into evidence unless opposing counsel then asserts an objection to it.
c) Circulation to Jury
The Court may permit counsel to circulate exhibits among the jurors at trial. However, if such permission is granted, counsel shall be expected to continue with questioning of the witness while the exhibit is being circulated unless the Court otherwise orders. Counsel shall not abuse this procedure by seeking to circulate exhibits at the conclusion of the examination.
d) Disposition
[See L.R. 113]
6. Obligation to Anticipate Evidentiary Objections
Counsel are under an obligation to anticipate evidentiary objections and, whenever possible, bring them to the attention of the Court before they are formally asserted so that they can be resolved when the jurors are not present.
7. Exclusion of Witnesses
Witnesses need not be excluded unless a party invokes the exclusion of witness rule. "Exclusion of witness rule" means that only parties (or the designated representatives of parties), their counsel, and expert witnesses approved by the Court may be present in the courtroom during the course of trial and that no person may directly or indirectly advise a witness (other than a party or expert witness) of what the testimony of another witness has been. Subject to this constraint, counsel may prepare their witnesses for trial during the course of trial.
8. Time Limitations
a) Presentations to Jury
Unless otherwise ordered by the Court, no opening statement or closing argument (including rebuttal argument) shall exceed one (1) hour.
b) Presentation of Evidence
In cases which it deems exceptional, the Court may, after consultation with counsel and giving respect to their views, impose in advance, reasonable time limitations on presentation of evidence.
9. Courtroom Etiquette
a) Counsel to Stand When Addressing Court
Unless otherwise permitted by the Court, counsel shall stand whenever addressing the Court except in stating brief evidentiary objections.
b) Movement in the Courtroom
i) Generally. Unless otherwise ordered by the Court, counsel may conduct their examination of witnesses from any reasonable location in the well of the Court.
ii) Approaching Witnesses. Unless otherwise ordered by the Court, counsel may approach a witness to show an exhibit without prior approval of the Court but may not do so for any other reason.
c) Persons to be Referred to by Surname
Unless otherwise ordered by the Court, counsel shall refer by surname to all parties, witnesses or other persons whose names may be mentioned during the course of trial (except persons under the age of 18).
10. One Attorney Per Witness
Only one (1) attorney for each party may conduct the examination of any witness. Only that attorney may object to questions asked by opposing counsel during the examination of that witness.
11. Examination of Witnesses
a) Order of Questioning and Argument
Unless otherwise ordered by the Court, co-parties represented by different counsel will examine witnesses and present argument in the order in which they are named in the complaint, and third-party defendants will examine witnesses after defendants have done so.
b) Limitation on Redundant Cross-Examination
In cases involving parties who share common interests, the judge may order that counsel for those parties designate one (1) of themselves as "lead counsel" for each witness. The counsel so designated shall be the only counsel authorized to conduct cross-examination concerning matters which relate to the common interests shared by the parties.
12. [Reserved for Future Use]
13. Witnesses Excused at Conclusion of Testimony
Unless counsel otherwise so indicate, a witness shall be excused at the conclusion of the witness's testimony.
14. Speaking with Witness on the Stand
Unless otherwise ordered by the Court, during all breaks and recesses counsel may speak with a witness while conducting a direct examination of the witness but (with the exceptions noted below) may not discuss testimony with the witness, including a party, while the witness is on cross, re-direct, or re-cross examination. Notwithstanding the foregoing, unless otherwise ordered by the Court, counsel representing a defendant in a criminal case may confer with the defendant during breaks and recesses, and a non-party witness may confer with the witness's own counsel at any time.
15. Mistrial and Imposition of Costs for Unfair Conduct
If any witness volunteers unfairly prejudicial testimony not fairly responsive to the question asked, or if counsel commits any prejudicial error during the course of trial (including failing to advise a witness of evidence which the Court has ruled is inadmissible with the result that the witness refers to such evidence), the Court may order a mistrial and impose upon the responsible person all jury costs thus far incurred.
16. Interviews of Jurors
Unless permitted by the presiding judge, no attorney or party shall directly or through an agent interview or question any juror, alternate juror, or prospective juror with respect to that juror's jury service.