Local Rule LR 43.1: TRIAL PROCEDURE

LR 43.1 TRIAL PROCEDURE

(a) Opening Statements in Civil Actions. At the commencement of the trial of civil actions, the party with the burden of proof may, without argument, state his or her cause of action and the evidence by which the party expects to sustain the party's claim. The adverse party may then, without argument, state his or her defense and the evidence by which the adverse party expects to sustain a defense. If the trial is to a jury, the opening statement shall be made immediately after the jury is sworn. If the trial is to the Court, the opening statement shall be made immediately after the case is called for trial. Opening statements shall be subject to such time limitations as may be imposed by the Court.

(b) Documents, Other than Exhibits, Used at Trial. When counsel expects to examine or cross-examine a witness concerning a document which will not be offered as an exhibit, counsel shall have at trial a copy of the document for use by the Judge.

(c) Absence During Return of Verdict. In a jury trial, if a party or counsel is voluntarily absent from the courtroom prior to the return of the verdict, it shall be conclusively presumed that such party or counsel waived presence.