Local Rule LR 39.3: ATTORNEYS: AT TRIAL

LR 39.3 ATTORNEYS: AT TRIAL

(A) Presence During Trial.

(1) Presence Required. It shall be the duty of counsel in all jury cases to be present at all portions and phases of trial including the time during which the jury is considering its verdict, unless excused by the Court. The Court and Court officials shall have no duty to telephone or notify counsel after the jury has retired to consider the verdict.

(2) Presumptions. Unless the contrary affirmatively appears of record, it will be presumed that the parties and their counsel were present at all stages of the trial or, if absent, that their absence was voluntary and constituted a waiver of their presence.

(B) Limitations on Participation.

(1) Witness Examination. Unless the Court permits otherwise, only one (1) attorney on each side shall examine or cross-examine a witness.

(2) Argument to the Jury.

(a) Unless the Court permits otherwise, the merits of an action or proceeding shall not be argued by more than two (2) attorneys on each side.

(b) The party bearing the burden of persuasion at trial shall be entitled to open and close the arguments to the jury.

(c) If the party waives the party's right to make an opening argument, the party's rebuttal argument is limited to those matters argued by the opposing party in that party's closing argument.

(3) Attorney as Witness. In this Court, an attorney for a party who is examined as a witness in an action or proceeding and who gives testimony on the merits shall not be permitted to argue the merits of the case or proceeding, either to the Court or to the jury, except with the permission of the Court.