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Rule 44A Interim Commentary

Rule 44A.

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Rule Text

During the course of the trial, the court may permit counsel to address the jury in order to assist jurors in understanding the evidence that has been presented or will be presented. The trial court may place reasonable time limits on such statements and shall permit all counsel to respond to the remarks of any one lawyer. [Added by order filed January 31, 2003, effective July 1, 2003.]

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Judges have the option to let lawyers talk directly to the jury during the trial, not just at the beginning and end. The point is to help jurors make sense of the evidence as it comes in, since trials can get confusing when information is spread out over many days or witnesses.

If a judge allows this, they can set time limits so the lawyers don't take too long. The judge also has to give every other lawyer in the case a chance to respond if one lawyer speaks to the jury this way. This keeps things fair, since no single side should get to talk to the jury without the other side having a chance to reply.

This is not something that has to happen in every trial. It's simply an option the judge can use if they think it will help the jury understand the case better.

Committee Notes

Advisory Commission Comment [2003]

This new rule gives the court the discretion to allow counsel to speak directly to the jury during the trial in order to assist the jurors in understanding the context of the evidence. For example, the court may allow counsel to make a short explanation of what legal issue the next two witnesses will address. The court is given the discretion to place time and content limits on these statements, but each counsel must be given a chance to respond to the interim commentary of any lawyer.

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Last updated: August 2026

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