RULE 10.1 CONDUCT IN COURT

Effective Date: 3/1/2015

(a) Opening Court. When the court is about to convene, appropriate court personnel will, by a rap of the gavel, command attention and announce the approach of the judge. Everyone in the courtroom must promptly and quietly rise and remain standing until appropriate court personnel, by proclamation, convenes the court and the judge is seated. Upon the close of the session, as announced by the judge, appropriate court personnel will by a rap of the gavel command attention. Everyone in the courtroom must promptly and quietly rise and remain standing until the judge has retired from the courtroom.

(b) Decorum.

(1) Anyone entering the courtroom while court is in session must immediately be seated. Everyone must behave in a quiet and orderly manner. No person may enter or leave the courtroom while the court is charging the jury, except in an emergency.
(2) Counsel must stand while addressing the court, except when stating an objection or otherwise directed by the court. 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 conversation without permission of the court.
(3) To the extent practicable, the examination of a witness must be conducted from the counsel table. Only one counsel for a party may examine any witness without permission of the court.
(4) Whenever practical and appropriate, a judge must be robed while presiding over the trial of a case.
(5) During a court appearance, counsel or a court official must refrain from wearing clothing suited primarily for sports or leisure time activities.

(c) Assignment of Cases.

(1) Counsel must observe the assignment of cases, and keep advised of the progress of business of the court, so as to be ready when a case is reached.
(2) No arrangement as to time or order of trial will be recognized unless approved by the court.

(d) Limitation on Electronic Recording. No camera, sound or video recorder, or other device may be used to photograph, record, broadcast, store, or transmit a proceeding of the court without prior permission from the court. Unless the court permits otherwise, any electronic device in the courtroom must be turned off or muted, and any authorized use of a device must be as minimally disruptive as possible. A juror may not possess any wireless communication device during deliberations.

(e) Arguments of Counsel.

(1) One Counsel Per Party. Unless otherwise permitted by the court, only one counsel appearing for a party may be allowed to argue any question to the court or jury.
(2) Unless otherwise permitted by the court, each party is limited to one hour of argument.

Rule 10.1 was amended, effective March 1, 2001; March 1, 2008; March 1, 2015.

Subdivision (d) was amended, effective March 1, 2008, to prohibit juror possession of wireless devices during deliberation.

Subdivision (d) was amended, effective March 1, 2015, to update the rule's prohibition on the use of electronic devices to photograph or record court proceedings, absent prior permission from the court.

SOURCES: Joint Procedure Committee Minutes of April 24-25, 2014, pages 25-26; September 28-29, 2006, pages 11-12; January 27-28, 2000, pages 17-18; June 21, 1984, pages 5-6.

CROSS REFERENCE: N.D. Sup. Ct. Admin. R. 21 (Electronic and Photographic Coverage of Court Proceedings).

Effective Date Obsolete Date
03/01/2015 View
03/01/2008 03/01/2015 View
03/01/2001 03/01/2008 View
06/21/1984 03/01/2001 View