Local Rule LCR 43: TAKING TESTIMONY; MARKING EXHIBITS
W.D. Wash. — Civil rule
LCR 43
TAKING TESTIMONY; MARKING EXHIBITS
(a) Reserved
(b) Reserved
(c) Reserved
(d) Reserved
(e) Reserved
(f) Reserved
(g) Marking of Exhibits
Unless otherwise ordered by the court, on the morning of trial each party appearing shall present marked and tagged trial exhibits to the clerk. Exhibits shall be marked in accordance with the Pretrial Order or other order of the court. The clerk shall be provided with an original and a copy of each exhibit; provided, that leave may be sought from the court to dispense with providing copies of exhibits where bulk or other considerations would make copying, or the use of copies, impractical.
Electronic exhibits must be provided via a secure electronic device (e.g., USB stick) unless otherwise ordered by the court. The party offering the electronic exhibit(s) must include an index on paper with the electronic exhibits.
The assigned judge may impose additional requirements for submitting proposed exhibits during a pre-trial conference, in the applicable case management order, or by other order. Further clarification may be obtained by reviewing the assigned judge's web page at http://www.wawd.uscourts.gov and/or by contacting the assigned judge's courtroom deputy.
(h) Procedure at Trial
(1) In the trial of an action the party having the affirmative of the issue shall open the cause by stating generally what the party expects to prove. The opposite party shall either then, or after the opening party has closed its evidence in chief, state generally what the party expects to prove. After all the evidence on each side is in, the party having the affirmative of the issue shall argue the cause to the court or jury, as the case may be, and shall, during such argument, state fully all of its points and refer to all of its authorities, or be precluded from a reply. The party holding the negative of the issue shall then argue its case, and the party having the affirmative shall close.
(2) Unless otherwise permitted by the court, counsel shall conduct the examination of witnesses and argument to the court or jury from the lectern, and counsel shall rise upon making objections or otherwise addressing the court.
(3) Not later than the close of each day of trial, counsel shall provide to opposing counsel a list of the witnesses he or she intends to call the following day of trial. This requirement may be modified for good cause shown.
(4) The parties may request to present exhibits in electronic format to jurors by including the request in their pretrial order as set forth in LCR 16 and by reiterating the request to the assigned judge prior to or during the final pretrial conference.
(5) Additional information regarding the availability and use of courtroom technology is available on the court's website.
(6) Counsel and pro se litigants are required to stand when addressing the Court, a witness, or the jury unless unable to do so due to a disability-related or health-related condition. Advance notice should be provided, when appropriate. See https://www.wawd.uscourts.gov/visitors/access for information regarding accommodations.
(i) Examination of Witnesses
At trial only one attorney for a party shall examine or cross-examine any witness unless otherwise ordered by the court.
(j) Expert Witnesses
Except as otherwise ordered by the court, a party shall not be permitted to call more than one expert witness on any subject.
(k) Exclusion of Witnesses
Counsel will be responsible for monitoring compliance with an order excluding witnesses from the courtroom during trial.
(l) Presence of Attorneys
It is the right and duty of attorneys to be present in the courtroom at all times the court may be in session. If an attorney voluntarily absents himself or herself during such times or when the jury is deliberating, that attorney waives his or her right to be present and consents to such proceedings as may take place in the courtroom during his or her absence.