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Trials
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. 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. 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. 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. 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. 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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