Judge Wefald's Proposal
Incorporated into Current
Version of Rule
RULE 10.1 CONDUCT IN COURT
(a) Opening Court. In jury cases, when the court is about to convene, the bailiff or clerk will, by a rap of the gavel, command attention and announce the approach of the judge. Thereupon, all persons present will promptly and quietly rise and remain standing until the bailiff or clerk shall have, by appropriate proclamation, convened the court and the judge shall have taken his seat. Upon the close of the session, as announced by the judge, the bailiff or clerk will by a rap of the gavel command attention and all persons in the courtroom will promptly and quietly rise and remain standing until the judge shall have retired from the courtroom.
(1) All persons entering the courtroom while court is in session shall immediately be seated and shall conduct themselves in a quiet and orderly manner. No person shall be permitted to enter or leave the courtroom while the court is charging the jury, except in an emergency.
(2) Counsel shall
arise remain seated at counsel table while addressing the court, except when stating an objection, and 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.
(3) The examination of witnesses as far as practicable must be conducted from the counsel table. Counsel may approach the witness without the court's permission to hand the witness a document or exhibit and to retrieve a document or exhibit, but as soon as counsel has had the witness identify the document or exhibit, or has retrieved the document or exhibit, counsel must return to the counsel table where the examination shall continue with counsel seated at counsel table. Only one counsel appearing for a party shall be allowed to examine any witness without permission of the court.
(4) Whenever practical and appropriate the judge shall be robed while presiding over the trial of cases.
(5) All lawyers and court officials during court appearances 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 reached.
(2) No arrangements as to time or order of trial will be recognized unless approved by the court.
(d) Cameras and Sound Apparatus Prohibited. No camera, sound recorder, or other device, except those operated for official purposes, by or under the direction of the court, may be used to photograph, record, or broadcast, proceedings of the court, nor may those devices be brought in or allowed to remain in the courtroom while proceedings are in progress.
(e) Arguments of Counsel.
(1) One Counsel Per Party. Unless otherwise permitted by the court, only one counsel appearing for a party shall be allowed to argue any question to the court or jury.
(2) Unless otherwise permitted by the court, each argument is limited to one hour.
SOURCES: Joint Procedure Committee Minutes of _______________________; 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).