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Ten
Commandments of Etiquette and Decorum In Trials
Before
Judge Albert B. Smith III
1.
Never lean against or across the rail of the jury box at any time
that the jury is present in the jury box.
2. Stand whenever addressing the Court. Remain seated whenever
the jury enters or leaves the courtroom. U.C.C.C.R. 3.02 and 3.08.
3. All comments, statements, remarks, etc., are to be addressed
to the Court and there is to be no cross-talking between opposing
attorneys in the presence of the jury. U.C.C.C.R. 3.02.
4. Only one (1) attorney per side shall be "assigned"
to a witness and that attorney will be responsible for both the
examination of the witness and for making any objections during
that witness testimony. U.C.C.C.R. 3.02.
5. It is not necessary to request permission to approach a witness;
however, a reasonable distance shall be maintained at all times
between the interrogator and the witness unless the use of a document
or exhibit requires that the interrogator and the witness are
in close proximity.
6. Any request that a document is marked, that a witness is brought
in, or any other request which requires the action of Court personnel
and/or support staff is to be addressed to the Judge and not directly
to the court staff member, if the request is made at a time when
the jury is present in the courtroom. In other words, lawyers
are to avoid giving direct instructions to court personnel in
the presence of the jury but rather are advised that those requests
should be made of the Court.
7. The Court will set a reasonable time limit for voir dire. Voir
dire is not to be used to make an opening statement or closing
argument. In other words, the Court is of the opinion that voir
dire is to be used to ask questions and not to make speeches or
arguments. The Court will not generally allow individual voir
dire in chambers. U.C.C.C.R. 3.05.
8. Speech making is to be avoided at the times that objections
are made. For example, if a question is objectionable because
it lacks relevance, then, the objection should be simply stated
"Objection your Honor, irrelevant." While the Court
recognizes that at times speech making is desirable for strategic
reasons, it is discouraged and, for the most part, will not be
permitted.
9. Please remember to speak slowly, clearly, and audibly and to
remind your witnesses, when necessary, to do the same.
10. The Court may exercise its discretion pursuant to Rule 611
of the Rules of Evidence and intervene sua sponte to deal with
matters affecting the interrogation of witnesses and the presentation
of evidence.
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