JUDGE WILLIAM J. HIBBLER'S
TRIAL PROCEDURES

Civil Case

I. Jury Selection

A. Summary of Case

In order to acquaint the prospective jurors with the case and to provide a framework within which prospective jurors may consider whether they can be impartial and fair, it is helpful to read a brief description of what the case is about to the panel. To this end, counsel should submit an agreed statement of the case which explains the nature of the case in simple terms. Unless the case is very complex, this summary should not exceed one paragraph.

B. Selection Procedure

Fourteen jurors are called to fill the jury box. An additional 8, 16 or 24 jurors will be called and seated on the spectator benches.

Questions will be asked by the court of all numbered jurors. Any needed individual questioning will be conducted by the court at a sidebar at which time the parties may suggest follow-up questions to be asked by the court or by counsel.

At the conclusion of the sidebar, motions to exclude for cause will be considered and ruled upon. If after ruling on cause exclusions there is a sufficient number of qualified jurors remaining to impanel a jury if each party exercises all their peremptory challenges, the court will recess briefly to allow counsel time to decide and prepare a written list of challenged jurors.

If both parties challenge the same juror, both parties will be charged with the challenge. The court outside the presence of the venire will consider any challenges to the use of peremptory challenges and rule upon them. All none challenged jurors will become members of the jury in numerical order.

If there is not a sufficient number of qualified jurors after the initial ruling on cause challenges, additional jurors will be called and questioned until such a pool is established.

II. Procedures to Ensure Efficient use of Jury Time

A. The jury will be placed in the box at the precise time that the trial is to convene or resume. The court will not delay having the jury seated in order to take up matters that could have been addressed during a break or recess.

B. Sidebar conferences should be kept to a minimum. If a matter of critical importance arises and one of the attorneys believes that it is absolutely necessary to be heard before the next recess or break, then the attorney should request a sidebar.

C. To avoid confusion as to when a witness is excused or not excused, the following procedure shall be followed:

At the conclusion of his/her testimony (including cross-examination by opposing counsel), that witness is excused and his/her obligations pursuant to any subpoena extinguished unless opposing counsel requests, on the record, that the witness remain available or be subject to recall at a later time. The details, such as date and time, of any continued availability should be addressed on the record and in the presence of the witness.

D. All requests for the court to take judicial notice of facts shall be in writing and submitted along with the pretrial order.

E. Counsel should advise opposing counsel of the names of witnesses to be called and the order in which they will be called, at least 24 hours in advance.

F. Whenever there is an offer of stipulation, first confer with opposing counsel about it. When in the presence of the jury, do not offer to stipulate to anything and do not request that opposing counsel agree to stipulate.

G. When witnesses are excluded from the courtroom, counsel should make arrangements to have the next witness ready to take the stand immediately upon the completion of the testimony of the preceding witness.

H. Counsel shall prepare all exhibits about which a witness is to be examined and have them readily available when the witness takes the stand.

I. If a recess or adjournment interrupts a witness' testimony, have the witness back on the stand and ready to proceed when court is resumed.

J. Portions of deposition transcripts used for impeachment may be read to the jury during the cross-examination with pages and line numbers noted for the record before reading.

K. Equipment such as video projectors, TV monitors, easels, and VCRs should be set up and ready when needed without using the jury's time.

L. When objecting to questions or answers, state only that you are objecting and specify the legal ground or grounds of the objection. Do not use objections as an opportunity to recapitulate testimony, guide the witness, or to argue the objection.

M. Scheduling will be discussed at the final pretrial conference and at the end of each trial day. Ordinarily, trials will begin at 10:00 a.m. Monday-Thursday. The morning sessions end at 12:15-12:30, and the afternoon sessions begins at 1:15 or 1:30. Trial will adjourn each day at about 5:00 p.m. Counsel must have enough witnesses to fill up each day.

Dated: July 26, 1999