RULE 10.1. CONDUCT IN COURT
1 (a) Opening court. When the court is about to convene, appropriate court
shall will, by a rap of the gavel, command
attention and announce the
3 approach of the judge. Everyone in the courtroom
must promptly and quietly
4 rise and remain standing until appropriate court personnel, by proclamation,
5 convenes the court and the judge is seated. Upon the close of the session, as
6 announced by the judge, appropriate court personnel
will by a rap of the
7 gavel command attention. Everyone in the courtroom
must promptly and
8 quietly rise and remain standing until the judge has retired from the courtroom.
9 (b) Decorum.
10 (1) Anyone entering the courtroom while court is in session
11 immediately be seated. Everyone
shall must behave in a
quiet and orderly manner.
12 No person may enter or leave the courtroom while the court is charging the jury,
13 except in an emergency.
14 (2) Counsel
shall must stand while addressing the
court, except when
15 stating an objection or otherwise directed by the court. All statements and
16 communications by counsel to the court must be clearly and audibly made from the
17 counsel table. While the court is in session, counsel may not approach the bench
18 for conversation without permission of the court.
19 (3) To the extent practicable, the examination of a witness must be
20 conducted from the counsel table. Only one counsel for a party may examine any
21 witness without permission of the court.
22 (4) Whenever practical and appropriate, a judge must be robed while
23 presiding over the trial of a case.
24 (5) During a court appearance, counsel or a court official
25 from wearing clothing suited primarily for sports or leisure time activities.
26 (c) Assignment of cases.
27 (1) Counsel
shall must observe the assignment of
cases, and keep advised of
28 the progress of business of the court, so as to be ready when a case is reached.
29 (2) No arrangement as to time or order of trial will be recognized unless
30 approved by the court.
Cameras, sound apparatus, and wireless communication
prohibited Limitation on Electronic Recording. No
camera, sound or video
33 recorder, or other device
, except one operated for an official purpose, by
the direction of the court, may be used to photograph, record,
or broadcast, store,
35 or transmit a proceeding of the court
, nor may those devices be
brought in or
allowed to remain in the courtroom while a proceeding is in
progress without prior
37 permission from the court. Unless the court permits otherwise, any
communication electronic device in the courtroom must
be turned off or muted,
39 and any authorized use of a device must be as minimally disruptive as possible. A
40 juror may not possess any wireless communication device during deliberations.
41 (e) Arguments of counsel.
42 (1) One counsel per party. Unless otherwise permitted by the court, only
43 one counsel appearing for a party may be allowed to argue any question to the
44 court or jury.
45 (2) Unless otherwise permitted by the court, each party is limited to one
46 hour of argument.
47 EXPLANATORY NOTE
48 Rule 10.1 was amended, effective March 1, 2001, March 1, 2008; March 1,
50 Subdivision (d) was amended, effective March 1, 2008, to prohibit juror
51 possession of wireless devices during deliberation.
52 Subdivision (d) was amended, effective March 1, 2015, to update the rule's
53 prohibition on the use of electronic devices to photograph or record court
54 proceedings, absent prior permission from the court.
55 Sources: Joint Procedure Committee Minutes of April 24-25, 2014, pages
56 25-26; September 28-29, 2006, pages 11-12; January 27-28, 2000, pages 17-18;
57 June 21, 1984, pages 5-6.
58 Cross References: N.D. Sup. Ct. Admin. R. 21 (Electronic and
59 Photographic Coverage of Court Proceedings).