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Rules for Conduct of Trials

  • Counsel will treat each other and all witnesses, including adverse witnesses, professionally and courteously.
  • All examination of witnesses must be conducted from the podium unless otherwise allowed by the court.
  • Counsel should disclose the identity and order of trial witnesses as far in advance as possible but in no event less than 24 hours before the beginning of the trial day in which the witnesses are to be called.
  • Unless otherwise stipulated, examining counsel must show each exhibit to opposing counsel prior to showing it to a witness. Demonstrative and summary exhibits must be shown to opposing counsel in advance of trial, even if not offered into evidence. All exhibits should be marked in advance.
  • Counsel must stand for all objections. Counsel should instruct their witnesses not to answer a question while an objection is pending. Counsel should not stand during witness examination unless to make an objection.
  • Counsel should avoid argumentative objections. Summarize objections by noting by number the rule of evidence (e.g., “Rule 608(b)”) or by describing nature of the objection (e.g., “hearsay,” “prior ruling,” “foundation” etc.).
  • All persons at counsel table should avoid reactions, facial expressions and other expressions, verbal or non-verbal, that might be observed by the jury. Any signaling to a witness on the stand will be treated as contempt of court.
  • Side-bars are disfavored. Counsel are directed to “front” all anticipated issues during breaks when the jury is not in the courtroom.
  • Beepers and cell phones must be turned off. Violators face confiscation of their toys.
  • Witnesses (other than parties and expert witnesses) are generally excluded from proceedings until they testify. Counsel should instruct witnesses not to discuss court proceedings with those who have not yet testified. Witnesses are sequestered during adverse examination; they are forbidden from discussing the case with anyone during breaks or recesses unless otherwise ordered by the court.
  • Counsel are in charge of their own exhibits. Large exhibits may be stored in the cloakroom overnight.
  • Coats and jackets should be hung in the cloakroom rather than draped over benches.

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