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| I. |
Trial List |
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A trial list will be prepared ten (10) days before each trial week. The list will identify the cases scheduled for trial that week in the order in which they will be called for trial. A copy of the trial list will be faxed to each trial counsel. The list will contain the names and telephone numbers of the trial attorneys in all cases on the list to facilitate the exchange of information among counsel regarding the status of their cases. Counsel may also call Judge Black's chambers for information regarding the status of the cases on the trial list. |
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| II. |
Preliminary Conference |
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1. |
Unless the court's schedule does not permit it, the court will meet with counsel at least one-half hour before the time set for jury selection to discuss the voir dire questions, the allocation of preemptory challenges, and the number of jurors to be selected. |
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2. |
Any outstanding issues, including motions in limine, will be decided at this time. |
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| III. |
Voir Dire |
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1. |
Usually, voir dire will be conducted completely by counsel. If a juror seeks to be excused from the panel or if there is a challenge for cause, counsel should try to reach agreement on these issues without the intervention of the court. If counsel cannot agree, the court should be notified and the court will then meet with counsel in chambers or elsewhere to resolve the issues. |
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2. |
Counsel are restricted to the proposed voir dire questions submitted in advance in accordance with the court's trial attachment order, except for appropriate follow-up questions. |
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3. |
The court prefers that counsel not spend more than two hours on voir dire, including the striking procedure. |
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| IV. |
Court Schedule |
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1. |
The court's normal starting time in the morning is 9:30 a.m. and court usually ends at 4:30 or 5:00 p.m. |
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The court will make every effort to commence proceedings at the time set. Promptness is expected from counsel, the parties and witnesses. |
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If a witness was on the stand at a recess or adjournment, the witness should be on the stand ready to proceed when court is resumed. |
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Counsel should make sure that they do not run out of witnesses. If a party is out of witnesses and there is more than a brief delay, the court may assume that that party has rested. If there will be a problem with the scheduling of any witness, counsel should inform the court at the preliminary conference. |
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| V. |
Court Seating |
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Under local practice, defendant's table is closest to the jury box. |
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2. |
If there is a request for more than one counsel table for all plaintiffs or all defendants, counsel should notify the court at least one week before trial. |
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3. |
Only counsel and the parties, if desired, shall sit at counsel table. Witnesses shall sit in the spectator section only, unless otherwise authorized by the court. |
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No food or beverage may be brought to counsel table or into the courtroom. Water will be provided at counsel tables. |
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The courtroom has an easel with a large tablet, and markers and a laser pointer are also available for use by counsel. However, the court does not provide video or audio equipment. Counsel must make their own arrangements in advance of trial for video or audio equipment that may be needed. |
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| VI. |
Difficult Trial Issues |
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If you have reason to anticipate that a difficult question of law or evidence will arise during the trial, counsel should alert his/her opponent and the court should be supplied with a memorandum of law at least one day prior to the time it is anticipated that the question will arise. |
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If counsel intends to challenge the testimony of a proposed expert witness on the ground that the witness's opinions do not meet the Frye test of general acceptance in the relevant scientific community, a motion in limine should be filed in advance of trial in sufficient time to allow for a pretrial hearing on the issue if the court deems such a hearing necessary. |
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| VII. |
Decorum |
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The trial shall at all times be conducted in a dignified and formal manner. |
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2. |
Counsel shall stand when addressing the court or examining witnesses. |
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3. |
Colloquy between counsel is permitted only to expedite the trial. Argument between counsel is not permitted. All remarks should be addressed to the court. Counsel should never act or speak disrespectfully to the court or opposing counsel. |
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4. |
Counsel shall not exhibit familiarity with the court, the parties, witnesses, jurors or opposing counsel. The use of first names should be avoided. During opening statements or closing arguments, no juror should be addressed individually or by name. |
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Counsel shall not by facial expression, nodding, or other conduct exhibit any opinion, adverse or favorable, concerning any testimony which is being given by a witness. Counsel should admonish their clients and witnesses similarly to avoid such conduct. |
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Witnesses and parties should be instructed to wear proper attire to court. |
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| VIII. |
Opening Statements |
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The purpose of the opening statement is to state briefly what counsel expects the evidence to show. It is not proper for counsel to use the opening statement to argue the case. |
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Brief reference to the law will be permitted, but only to the extent that it will aid the jury to understand what counsel expects to prove. |
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The use of exhibits in an opening statement must be approved by the court in advance of the trial. This can be done at the preliminary conference. Such approval will be given only if all counsel agree that the exhibit may be admitted into evidence. |
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Upon violation of any of these rules, the court may, sua sponte, interrupt the opening statement and admonish counsel. |
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| IX. |
Objections To Questions |
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When objecting, counsel should state only that he/she is objecting and the specific ground of objection. For example, state "Objection" or "I object," and then indicate the specific ground of objection in a single word, phrase or sentence such as "Hearsay" or "A leading question" or "This question is not relevant." Counsel are not to use objections for the purpose of making a speech, recapitulating testimony, or attempting to guide the witness. |
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Argument on an objection will not be heard unless permission is given or argument is requested by the court. |
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If it is known in advance of trial that opposing counsel will seek to introduce objectionable evidence, a motion in limine is recommended. |
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| X. |
Examination Of Witnesses |
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Counsel should conduct examination of witnesses from the lectern or standing at counsel table, unless permission is granted otherwise. |
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Counsel may approach a witness he or she has called to show the witness an exhibit without specific permission from the court. However, counsel are not to approach a witness called by any other party without specific permission from the court. When permission is granted, counsel shall return to the lectern or counsel table as soon as the purpose for which counsel has approached the witness is completed. |
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Except for good cause shown, counsel shall be limited in the examination of a witness to direct, cross, redirect and recross. |
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Witnesses shall be treated with fairness and consideration. They should not be shouted at or abused in any manner. |
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If there are two or more trial attorneys for a party, only one of those attorneys may be involved in the examination of a witness. The first attorney to speak when a witness is on the stand, whether by question or objection, is the attorney who will handle that witness on behalf of the party. |
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| XI. |
Exhibits |
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Exhibits must be pre-marked and copies exchanged with opposing counsel in advance of trial. |
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In accordance with the trial attachment order, two weeks prior to the commencement of trial, counsel shall supply the court and opposing counsel with a final list of trial exhibits. The exhibit numbers on this list shall correspond to the pre-marked numbers on the exhibits. Except for good cause shown, no exhibit will be admitted unless specifically identified on this list and a copy provided in advance of trial to opposing counsel. |
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Exhibits should be moved into evidence promptly after they are identified. Counsel should not wait until the end of his/her case to move all exhibits into evidence. |
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Exhibits may not be shown to the jury until they are moved into evidence. |
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Whenever possible, counsel in referring to an exhibit should refer to its exhibit number. Witnesses should be asked to do the same. |
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Once an exhibit is admitted into evidence, it remains in the custody of the court monitor. The only exceptions are for firearms, ammunition, or contraband, for which special storage arrangements may be required. |
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| XII. |
Sidebar Conferences |
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Side-bar conferences are discouraged. They should be infrequent and should be sought only when necessary. |
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| XIII. |
Closing Arguments |
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The court will obtain counsel's agreement on the amount of time for a closing arguments and will hold counsel to that time. |
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| XIV. |
Jury Instructions |
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1. |
Proposed jury instructions shall be submitted in accordance with the procedure set forth in the trial attachment order. |
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If standard instructions are requested, they should be referred to by number only. |
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It is not necessary that each requested instruction be set forth on a separate page. |
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The court will hold a charging conference prior to closing arguments, at which time the proposed instructions will be reviewed and the court will announce its rulings. |
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| XV. |
Courtroom Staff |
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The court monitor, court crier and tipstaves are employed by and assist the court. Counsel should not issue instructions to or make requests of these individuals. Counsel should direct any requests to the court, and if appropriate, the court will issue instructions to the appropriate staff member. |
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