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Trials
51 - Court-Tried Cases 
    51.1 - Default and Uncontested Matters 
    51.2 - Contested Matters 
    51.3 - Preparation of Findings of Fact and Conclusions of Law 
52 - Selection of Jury 
53 - Jury Trials 
    53.1 - Instructions 
    53.2 - Closing Arguments 
    53.3 - Opening Statement 
54 - Judgment Entry 
    54.1 - Contested Cases 
    54.2 - Default or Uncontested Cases
55 - Americans with Disabilities Act 
    55.1 - Notification 
56 - Use of Foreign Language Interpreters in Court 
    56.1 - Notification

RULE 51. COURT-TRIED CASES

51.1   DEFAULT AND UNCONTESTED MATTERS

See Local Court Rule 42 and Local Court Rule 54.2

51.2   CONTESTED MATTERS

Parties shall be deemed to have waived trial by jury by:

A.         failing to appear at the trial;

B.         filing with the clerk a written consent in person or by attorney;

C.        oral consent in court, entered on the minutes; or

D.        entering into trial before the court, without objection.

51.3   PREPARATION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW

In all court-tried cases in which findings of fact and conclusions of law are required or properly requested, the parties, through their attorneys, shall submit proposed findings of fact and conclusions of law at the conclusion of the trial or within a reasonable time as directed by the court.

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RULE 52. SELECTION OF JURY

An attorney shall be given a reasonable time to voir dire the jury and the court shall have discretion in deciding the time allowed.

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RULE 53. JURY TRIALS

A.         EXCEPT FOR GOOD CAUSE SHOWN:

1.         Continuances must be requested in open court upon notice to opposing counsel no later than fifteen (15) days prior to the date set for trial.

2.         The attorneys shall have the reporter mark all exhibits proposed to be offered in evidence at the trial prior to trial.

3.         No pre-trial motions shall be heard on the day of trial.

4.         In criminal cases, no party shall be permitted to offer in evidence (other than in rebuttal or as impeachment) the testimony of any trial witness or any deposition or part thereof or any exhibit not listed or submitted by said party as may be required by Paragraph B.3 below, or to submit requests for any further or additional instructions for consideration by the court.

5.         The court marshal shall, in every case in which a jury has been ordered by the court, summon a jury to hear the cause.  The calling of a jury shall not be canceled, nor shall a jury summoned be released, except upon order of the court.

6.         In all criminal cases, a jury panel shall be summoned to appear on the date set for trial, and shall not be canceled or released unless nolle prosequi be entered by the state or plea of guilty entered by the defendant(s) prior to the trial date.

7.         Documents to be passed to the jury shall have twelve (12) copies.

8.         Prior to trial in civil cases, parties shall disclose depositions (by page and line number) and admissions against interest that are to be offered to opposing counsel.

B.        UPON REQUEST OF PARTIES OR ON THE COURT'S OWN MOTION

1.         The attorneys shall meet, jointly prepare, and file with the clerk of this court, prior to trial, a stipulation of all uncontested facts which may be read into evidence, subject to any objections of either party specified in said stipulation.

2.         The attorneys shall submit to the court and opposing counsel a trial brief stating the legal and factual issues and the authorities relied on prior to trial.

3.         In criminal cases, the state shall deliver to opposing counsel and to the clerk a list of all proposed witnesses, a list of all depositions or specified parts thereof by page and line numbers proposed to be offered in evidence, and a list of all identified exhibits and submit said exhibits or true copies thereof to opposing counsel for examination no later than ten (10) days prior to trial; and within five (5) days thereafter, the parties shall stipulate as to which exhibits may be introduced without objection or preliminary identification and shall file written objections to all other exhibits.

53.1   INSTRUCTIONS

The attorneys shall submit to the court and to opposing counsel their proposed instructions to the jury prior to trial, reserving their right to submit requests for additional or modified instructions thereafter, in light of the opposing party's proposed instructions.

53.2   CLOSING ARGUMENTS

The plaintiff, except as otherwise provided herein, shall have the privilege of opening and closing the argument.  Before the argument begins, the court shall announce, outside the hearing of the jury, how much time shall be allowed for argument, each side being allowed the same length of time. Plaintiff may divide plaintiff's time between opening and closing argument, but not more than one-half of plaintiff's time may be spent in closing.  In those cases in which the court decides that the defendant has the affirmative issue, the defendant shall have the opening and closing of the argument in like manner and under the same restrictions as laid down for the plaintiff.  The court may, in its discretion, change the order of argument as above prescribed in a particular case, where the circumstances, in the opinion of the court, require it and where it is so ordered before the argument begins.

53.3   OPENING STATEMENT

The attorneys will be given a reasonable time for opening statements and the court shall have discretion in deciding the time allowed.

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RULE 54. JUDGMENT ENTRY

54.1   CONTESTED CASES

Counsel for the prevailing party shall prepare and submit the form of entry to the court within ten (10) days after judgment is rendered.

54.2   DEFAULT OR UNCONTESTED CASES

At the time of hearing, counsel for the plaintiff or petitioner shall submit a proposed form of judgment to the court.

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RULE 55.   AMERICANS WITH DISABILITIES ACT

55.1   NOTIFICATION

Any party planning to call a witness who will require special accommodation due to disability, as defined in the Americans with Disabilities Act, and any party or attorney or other individual who requires a special accommodation in order to participate in the court proceedings, shall provide written notice of the accommodation needed to the court within five days of receipt of notice of the hearing.

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RULE 56.   USE OF FOREIGN LANGUAGE INTERPRETERS IN COURT

56.1   NOTIFICATION

Written notice of the need for a foreign language interpreter specifying the language and, if applicable, the dialect, for which an interpreter is required shall be sent to the court within five days of receipt of notice of the hearing.

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Last modified: September 30, 2007