General Rules

General Rules
21 - Attorneys
    21.1 - Resolution of Conflicting Trial Settings
    21.2 - Entries of Appearance
    21.3 - Conduct of Attorneys
    21.4 - Withdrawal of Attorneys
    21.5 - Failure of Attorney to Answer Docket Call
    21.6 - Appointment of Attorneys
    21.7 - Agreement of Attorneys
    21.8 - Advice to Clients and Witnesses of Courtroom Procedures
    21.9 - Law Student Practice
22 - Appointment of Guardian ad Litem
23 - Transcripts
24 - Exhibits

RULE 21. ATTORNEYS

21.1 RESOLUTION OF CONFLICTING TRIAL SETTINGS

A. If more than one case in which the same attorney appears is set for trial in different divisions at the same time, the following priorities shall govern:

1. Criminal trials shall have precedence over civil trials; and

2. jury trials shall have precedence over non-jury trials; and

3. if two cases are the same type, trials of cases with earliest filing dates shall have precedence over trials of cases with later filing dates.

B. Should trial be delayed because an attorney is engaged, said cause shall be reset for trial at the earliest possible time.

C. The term "engaged" in this rule means the actual and necessary participation of any attorney in the trial or hearing of a case in any court of trial or appellate jurisdiction. No attorney, however, who shall be engaged in any court except the circuit courts of the Thirteenth Judicial Circuit shall be considered as so engaged unless, within 10 days after the case is set for trial or within 5 days after the receipt of notice of conflicting trial setting from a federal or appellate court, the attorney has notified the judge of the division in which the case is set, in writing, of such engagement, stating in such notice the court in which the attorney is attending and the date the attorney was notified of such setting and, as nearly as possible, the time the attorney will necessarily be engaged.

21.2 ENTRIES OF APPEARANCE

A. The attorney of record shall be the attorney who signs the pleading or information. Any other attorney shall file a written entry of appearance or oral entry of appearance in open court, in order to be considered the attorney of record.

B. Unless defendant is represented by counsel present in court, no written entry of appearance will be accepted in lieu of service of summons unless the same shows that defendant has received a copy of the petition, that it has been executed after the suit has been filed, and has been acknowledged in the same manner as deeds of conveyance are required by law to be executed.

21.3 CONDUCT OF ATTORNEYS

A. When addressing the court, attorneys will speak from the counsel table and only one argument will be heard from each side, except that the counsel first raising the point has the right to close by answering the argument of his adversary.

B. Where more than one attorney represents a party, but one attorney shall examine or cross-examine each witness, such counsel shall be changed only by leave of court.

C. In criminal cases of more than one defendant represented by different counsel, the order of examination shall be determined by the judge presiding at the trial.

D. When objecting to the introduction of any evidence, counsel shall stand and state explicitly the ground of objection without argument.

21.4 WITHDRAWAL OF ATTORNEYS

The conditions under which an attorney is allowed to withdraw from the employ of a client are set out in Supreme Court Rule 4-1.16, Rules of Professional Conduct. Any attorney who desires to withdraw as attorney of record for any party to any action pending in this court shall comply with the following procedures:

A. The attorney shall file a written motion requesting leave of court to withdraw. If the case is then set for trial, the reason for the request must be set forth in the motion. Attached to the motion shall be a notice of date and time at which the moving attorney will call up the motion before the court for hearing.

B. A copy of the motion and the notice shall be served upon all parties, including the client from whose employ the attorney is seeking leave to withdraw, in the manner provided by V.A.M.R. 43.01. If the case in which the attorney is seeking leave to withdraw is a criminal case, the notice shall instruct the client that the client must appear in person at the hearing.

C. The last known address of the client from whose employ the attorney is seeking leave to withdraw shall be plainly set out in the motion or the certificate of service thereon.

D. The attorney seeking leave to withdraw must appear in open court and call up the motion at the time specified in the notice. If the case in which the attorney is seeking leave to withdraw is a criminal case, it shall be the duty of the client to appear in person in compliance with the notice mentioned in subparagraph "B" above.

E. If the client fails to appear, and if the attorney is granted leave to withdraw, the attorney shall immediately notify his former client by letter of the attorney's withdrawal and shall send a copy of the letter to the clerk. Such letter shall advise the former client of any scheduled court proceedings or pleading deadlines in the case.

21.5 FAILURE OF ATTORNEY TO ANSWER DOCKET CALL

When any case or matter pending is called for hearing, and either or both parties fail to appear or answer ready, the same shall be dismissed for want of prosecution, or judgment entered, or other appropriate order made, in the discretion of the court.

21.6 APPOINTMENT OF ATTORNEYS

See Local Court Rules 65 and 67.4.

21.7 AGREEMENT OF ATTORNEYS

Except for oral stipulations agreed to by both counsel in open court, no private oral agreement between parties or counsel will be recognized by the court. Any agreement contemplating action or the withholding of action by this court shall be in writing and filed with the clerk.

21.8 ADVICE TO CLIENTS AND WITNESS OF COURTROOM PROCEDURES

The attorney is to advise the client and witnesses as to the formality of the court, including proper dress, and seek their cooperation therewith, thereby avoiding embarrassment.

The attorney is to advise the client not to discuss any phase of the case with the court.

When the rule as to witnesses is invoked, each attorney is charged with the duty of seeing that the witnesses comply with that rule. If any witness violates the rule, whether willfully or otherwise, such witness shall not be permitted to testify, except by consent of opposing counsel or unless the court, in its own discretion, rules that justice requires such testimony be received, under all the circumstances to be considered.

RULE 22. APPOINTMENT OF GUARDIAN AD LITEM

A. Guardian ad litem may be appointed for any minor, if it appears to the court that the best interests of the minor require such appointment.

B. The guardian ad litem so appointed shall be an attorney licensed to practice law in this state in a proceeding governed by the Uniform Child Custody Act. No person shall be appointed as guardian ad litem in a juvenile division proceeding without first qualifying pursuant to the guardian ad litem standards adopted by this court. Guardian ad litem standards may be obtained from the circuit clerk.

C. The guardian ad litem shall be allowed a reasonable fee for his or her services.

RULE 23. TRANSCRIPTS

Court Reporters - Transcripts, Deposits, Preliminary Hearings

A. Transcripts prepared for purposes of appeal. The court reporter shall prepare an original and three copies of the transcript. The court reporter shall file the trial court's copy of the transcript with the circuit clerk. The trial court's copy shall be printed in reduced-page format. The court reporter shall retain a copy of the transcript on computer disk in the event a full-page transcript is requested.

B. Transcripts prepared for purposes other than appeal. The court reporter shall prepare an original and the requested number of copies of the transcript. The court reporter shall file the original transcript with the circuit clerk. The original transcript may, at reporter's discretion, be printed in reduced-page format. The court reporter shall retain a copy of the transcript on computer disk in the event a full-page transcript is requested.

C. Transcripts of guilty plea and sentencing hearings. As required in Supreme Court Rule 24.03(b), the court reporter shall prepare an original transcript. The original transcript shall be printed in full-page format, shall have a bright blue adhesive flag attached and aligned with the case number in the caption, and shall be file-punched at the top for fastening in the court file. The court reporter shall file the original transcript with the circuit clerk.

D. Deposit of funds for transcript of notes. Upon receipt of a request for preparation of a transcript when the cost of said transcript is not to be paid from state funds, the court reporter shall provide the requesting party with a reasonable estimate of the cost of said transcript. Preparation of said transcript shall not begin until a full deposit is made to the court reporter. The balance or refund due shall be settled upon delivery of said transcript.

Preparations of a typewritten transcript of a record preserved by electronic recording device shall not begin until the clerk is paid a sum sufficient to cover the estimated cost of this work. The estimated charge will vary depending upon how the typewritten copy is to be prepared.

E. Homicide preliminary hearings. An official court reporter shall report the proceedings of homicide preliminary hearings, if schedules permit. Transcripts and costs thereof shall be pursuant to paragraphs B and D above.

RULE 24. EXHIBITS

The attorney is responsible for all exhibits before, during and after trial. Exhibits should be marked for identification prior to trial. All exhibits offered during the trial of a case, except depositions, shall remain in the custody of the attorney offering the same and shall at all reasonable times be subject to examination by opposing counsel.