G.1., et al. v. City Of Fresno, et al.
Filing
109
ORDER RE: Courtroom/Trial Practices signed by District Judge Jennifer L. Thurston on 6/21/2023. (Sant Agata, S)
COURTROOM/TRIAL PRACTICES
DISTRICT JUDGE THURSTON
The purpose of these guidelines is to state, for the guidance of counsel, the basic rules concerning
courtroom decorum while in trial. The requirements stated are minimal, not all-inclusive, and are
intended to supplement, not supplant or limit, the ethical obligations of counsel under the Code of
Professional Responsibility or the time-honored customs of experienced trial counsel.
When appearing in this court, all counsel (and where, appropriate, all persons seated at counsel table)
shall abide by the following:
1.
The parties and witnesses should be appropriately attired. Public officials (including law
enforcement officers, fire department personnel, military officers, etc.) who normally wear an
official uniform while on duty, if they are parties to the action or counsel in the action, should
not wear their uniforms during trial unless they have obtained prior permission from the Court.
Audience members are strongly urged also to not to wear their uniforms.
2.
Stand at the lectern while examining witnesses. Counsel may approach the Courtroom Deputy
Clerk’s desk or the witness for the purposes of handing or tendering exhibits if permission is
granted by the Court. If counsel wish to depart from the area of the lectern during their
presentation, they must be equipped with a lapel microphone, or they will risk that the
recording will not pick up their voices.
3.
Except as provided above, stand at or near the lectern while making opening statements or
closing arguments, except to refer to exhibits. Do not crowd the jury.
4.
Address all remarks to the Court, not to the opponent. Avoid disparaging personal remarks or
acrimony toward opposing counsel and/or parties. Remain detached from any ill-feeling
between the litigants or witnesses.
5.
Do not approach the jury box. Anything the jury needs will be handled by the Courtroom Deputy
Clerk.
6.
Refer to witnesses, other counsel, and the parties, by their surnames and not by their first or
given names or nicknames.
7.
If a party has more than one trial counsel, only one attorney for each party shall examine each
witness on direct or cross-examination. Only the attorney who examines a witness shall state
objections to questions by other counsel to that witness. Motions, the opening statement, or
closing argument may be divided among counsel if different subjects are addressed by counsel
and if prior permission has been granted by the Court.
8.
Counsel shall request permission before approaching the bench or a witness.
9.
Any documents or exhibits counsel wishes to have the Court examine, shall be handed to the
Courtroom Deputy Clerk.
10.
Any paper exhibit not previously marked for identification shall first be handed to the
Courtroom Deputy Clerk to be marked before it is tendered to a witness for examination or
placed on a viewing screen.
11.
Any exhibit offered in evidence, at the time of such offer, must be handed to the opponent
unless the exhibit has been pre-marked, and the opponent has been provided a copy already.
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12.
Exhibits should be moved into evidence after the foundation is laid at the time the exhibit is first
used with a witness. Do not wait until the close of the evidence to move for the admission of
exhibits.
13.
No speaking objections. In making objections, counsel should state only the legal grounds for
the objection and should withhold further comment or argument, unless elaboration is
requested by the Court.
14.
In examining a witness, counsel shall not repeat, comment on, or exhibit approval or disapproval
of the answer given by the witness.
15.
Offers of, or requests for, a stipulation should be made to opposing counsel, out of the hearing
of the jury.
16.
In opening statements and closing arguments to the jury, counsel shall not express their own
personal knowledge, personal experience or opinion concerning any matter in dispute.
17.
Counsel shall admonish all persons seated at counsel table and parties and persons under their
direction and/or control, such as witnesses and associates, friends or family members, present
in the courtroom, that gestures, facial expressions, laughing, snickering, audible comments, or
other manifestations of approval, disapproval or disrespect during the testimony of witnesses
are strictly prohibited.
18.
Counsel shall not, in the presence of the jury, refer to any matter not in evidence or to any
matter, witness, exhibit, or testimony that has been excluded by an order granting a motion in
limine or to which an objection was sustained, and/or motion to strike has been granted.
19.
Counsel shall not make a Rule 29 or other such motion, in the presence of the jury. If counsel
wishes to make such a motion, counsel shall notify the Court in words like, “My client has a
motion to make under Rule 29.” The Court will then take the matter up as soon as possible
outside the presence of the jury. This may not be until a scheduled break.
20.
Counsel are discouraged from requesting sidebar conferences. Counsel are expected to
anticipate issues and, as necessary, to make a record outside the presence of the jury.
21.
Counsel shall return to the courtroom promptly from breaks and shall be in the courtroom in
the morning at least 10 minutes before the time the Court requires the jury members to return.
IT IS SO ORDERED.
Dated:
June 21, 2023
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