As Submitted to Court
in Annual Rules Package
RULE 10.1 CONDUCT IN COURT
(a) Opening Court.
In jury cases, when When the court is about to convene, the bailiff or clerk will appropriate court personnel shall, by a rap of the gavel, command attention and announce the approach of the judge. Thereupon, all persons present will Everyone in the courtroom shall promptly and quietly rise and remain standing until the bailiff or clerk shall have appropriate court personnel, by appropriate proclamation, convened convenes the court and the judge shall have taken his seat is seated. Upon the close of the session, as announced by the judge, the bailiff or clerk will appropriate court personnel shall by a rap of the gavel command attention. and all persons Everyone in the courtroom will shall promptly and quietly rise and remain standing until the judge shall have has retired from the courtroom.
All persons Anyone entering the courtroom while court is in session shall immediately be seated. and shall conduct themselves Everyone shall behave in a quiet and orderly manner. No person shall be permitted to may enter or leave the courtroom while the court is charging the jury, except in an emergency.
(2) Counsel shall
arise stand while addressing the court, except when stating an objection. , and all All statements and communications by counsel to the court must be clearly and audibly made from the counsel table. While the court is in session, counsel may not approach the bench for private conversation without permission of the court.
The To the extent practicable, the examination of witnesses as far as practicable a witness must be conducted from the counsel table. Only one counsel appearing for a party shall be allowed to may examine any witness without permission of the court.
(4) Whenever practical and appropriate,
the a judge shall must be robed while presiding over the trial of cases a case.
All lawyers and court officials during court appearances During a court appearance, counsel or a court official shall refrain from wearing articles of clothing suited primarily for sports or leisure time activities.
(c) Assignment of Cases.
(1) Counsel shall observe the assignment of cases, and keep advised of the progress of business of the court, so as to be ready when
their cases are a case is reached.
arrangements arrangement as to time or order of trial will be recognized unless approved by the court.
and Sound Apparatus, and Wireless Communication Devices Prohibited. No camera, sound recorder, or other device, except those one operated for an official purposes purpose, by or under the direction of the court, may be used to photograph, record, or broadcast, proceedings a proceeding of the court, nor may those devices be brought in or allowed to remain in the courtroom while proceedings are a proceeding is in progress. Unless the court permits otherwise, any wireless communication device must be turned off in the courtroom.
(e) Arguments of Counsel.
(1) One Counsel Per Party. Unless otherwise permitted by the court, only one counsel appearing for a party
shall may be allowed to argue any question to the court or jury.
(2) Unless otherwise permitted by the court, each
argument party is limited to one hour of argument.
Rule 10.1 was amended, effective March 1, 2001.
SOURCES: Joint Procedure Committee Minutes of January 27-28, 2000, pages 17-18; June 21, 1984, pages 5-6.
CROSS REFERENCE: AR 21 (Electronic and Photographic Coverage of Court Proceedings); N.D.R.Crim.P. 53 (Regulation of Conduct in the Courtroom).