Trevino v. City of Bakersfield

          COURTROOM/TRIAL DECORUM MAGISTRATE JUDGE THURSTON

          JENNIFER L. THURSTON UNITED STATES MAGISTRATE JUDGE

         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.

         2. Stand at the lectern while examining any witness; except that 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 request permission to do this in advance so they may be equipped with a lapel microphone.

         3. Stand at or in the vicinity of 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.

         5. Avoid disparaging personal remarks or acrimony toward opposing counsel and/or parties. Remain detached from any ill-feeling between the litigants or witnesses.

         6. Do not approach the jury box. Anything the jury needs will be handled by the Courtroom Deputy Clerk.

         7. Refer to all persons, including witnesses, other counsel, and the parties, by their surnames and not by their first or given names or nicknames.

         8. 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.

         9. Only one attorney for each party shall present oral argument on motions, an opening statement, or closing argument.

         10. Motions, the opening statement, or closing argument may be divided among counsel if a party has more than one trial counsel, if different subjects are addressed by counsel, ...