Rule 27. Trial Process

Order of Presentation. The plaintiff shall be tasked with providing an opening statement first. The defense may conduct their opening statement after the plaintiff has presented their case-inchief, though it may opt not to provide such a statement. The defense may present their closing argument first, or opt not to provide one, after which the plaintiff may provide theirs. On leave of the court, the defense may instead present its opening statement immediately following the opening statement of the plaintiff.

Time Limitation. Counsel for each party shall be allowed ten minutes for an opening statement and fifteen minutes for argument; but before the opening or the argument commences, the judge, on motion or sua sponte, may reasonably reduce or extend the time.

Measurement of Time. Time allowed under paragraph (b) is measured in real time from the moment counsel begins the statement or argument until counsel concludes it. Time consumed by a question of the court, and by counsel’s answer to that question, is not charged against counsel’s time unless the court orders otherwise. The court shall state on the record when a party’s time has expired. Counsel whose time has expired shall conclude the sentence then in progress, may finish answering a question then pending, and shall not present a summation.

Content. The permissible and impermissible content of an opening statement and of a closing argument is governed by Rid. R. Evid. 1107, and this rule does not enlarge or restrict it. The timeliness of an objection to a statement in an opening or closing is governed by Rid. R. Evid. 1107(3).

Delivery; Reading Prohibited. An opening statement and a closing argument shall be delivered and shall not be read. Counsel shall not transmit into the proceeding communications a prepared text of an opening statement or closing argument in place of delivering it, and shall not read such a text verbatim. Counsel may read a quotation from a pleading, from an exhibit in evidence, from testimony given in the proceeding, or from a legal authority, and shall on doing so state where the quoted matter is found. Matter transmitted in violation of this paragraph is not argument, and the court may strike it from consideration and charge the time consumed against the offending party.

Interruption by the Court. The court may interrupt an opening statement or an argument at any time to put a question, to rule upon an objection, or to enforce these rules. Counsel shall cease speaking immediately upon the court’s beginning to speak, shall give the court full attention, and shall answer the question put before resuming the planned argument. Counsel shall not interrupt the court.

Answering the Court. Counsel shall answer a question of the court directly. Where the question admits of an answer of yes or no, counsel shall so answer before elaborating. Counsel who does not know the answer shall say so. Counsel who relies in answer upon matter that is not in the record shall say so expressly.

Waiver. A party may waive an opening statement or a closing argument. Waiver is not evidence, gives rise to no inference, and shall not be commented upon by an opposing party.

Order of Presentation. The plaintiff must present evidence first during its case-in-chief. The defense shall have the ability to introduce evidence through the prosecution’s witnesses and evidence. After the plaintiff has rested, the defense may present their evidence.

Rebuttal Evidence. The parties may present rebutting evidence at the discretion of the presiding judge, should they display a reasonable cause to require such.

Preliminary Matters. Before opening statements the court shall dispose of, so far as practicable: motions in limine and any unresolved objection to an exhibit listed under subdivision (9); stipulations offered under Rule 22 and Rid. R. Evid. 611(7); a request for sequestration of witnesses under Rid. R. Evid. 615; the identification of each party’s witnesses by the username under which the witness will appear; and any request for an interpreter under Rule 31.

Resting. A party rests by stating in the proceeding communications that it rests. After a party has rested, that party may offer further evidence only by leave of the court for good cause, and the court shall afford every adverse party a fair opportunity to meet the evidence so offered.

Close of the Evidence. When every party has rested and rebuttal, if any, is concluded, the court shall declare the evidence closed and shall so state in the proceeding communications.

Deposition Testimony. Testimony offered by deposition shall be offered in the party’s case-in-chief in the order fixed by this subdivision, and its use is governed by Rule 25.

Order Fixed by the Court. For convenience, to avoid prejudice, or to expedite and economize, the court may vary the order of proof, may direct that a particular issue be tried first, and may order a separate trial under Rule 29(4).

Limitation. The parties will be granted the ability to use one attorney for the purpose of examining or otherwise cross-examining each witness presented before the court.

Designation of the Examining Attorney. Before a witness is called, the party calling the witness and each party intending to cross-examine shall identify the attorney who will conduct the examination. A different attorney may be substituted during an examination only by leave of the court.

Scope; Mode. The scope and mode of examination, cross-examination, and the use of leading questions are governed by Rid. R. Evid. 611.

Conduct During an Opponent’s Examination. While a witness is under examination by an opposing party, counsel shall transmit nothing into the proceeding communications except an objection, a response to an objection, an answer to a question of the court, or a statement made upon being recognized by the court. Counsel shall not comment upon the testimony, shall not react to it, and shall not conduct a colloquy with opposing counsel. An objection shall be stated as provided in subdivision (4) and shall not be used to suggest an answer, to instruct the witness, or to argue the case.

Communication With a Witness Under Examination. From the moment a witness is sworn until the witness is excused, no party, attorney, or agent of a party shall communicate with the witness concerning the substance of the witness’s testimony, whether in the proceeding communications, by direct message, in-game, or otherwise. During a recess taken while a witness is under examination, counsel for the party that called the witness may confer with the witness only as to a claim of privilege or as to a matter of scheduling, and shall on the resumption of the proceeding state on the record that a conference occurred and its subject.

Enforcement. On a showing that this subdivision has been violated, the court may strike the testimony in whole or in part, may permit examination concerning the violation, may draw an adverse inference, and may proceed under subdivision (7)(k).

Objection; Response. The parties may choose to object or respond to an objection before the court. The objecting counsel shall state only the basis, without elaboration, for their objection or response.

Support of Objection. The court shall permit counsel with a reasonable opportunity to present additional grounds, arguments, or offers of proof in support of their objection or response.

While Examining; While Cross-Examining. An attorney examining or cross-examining a witness may choose to raise an objection or to respond to an objection pertaining to the witness they actively examine or cross-examine.

Form; Timeliness. An objection shall be stated by the word “Objection” followed by the ground relied upon. An objection to the form of a question shall be made before the witness answers. An objection to an answer that is not responsive, or that discloses inadmissible matter not called for by the question, shall be made immediately upon the answer being given. An objection to an exhibit shall be made when the exhibit is offered, unless the court has fixed an earlier time under subdivision (9)(d).

Ruling. The court shall rule upon each objection and shall state the ruling in the proceeding communications. The court may reserve a ruling and shall state when it does so; a reserved ruling shall be made before the evidence is closed.

Preservation of Error. A formal exception to a ruling or order is unnecessary. It is sufficient that a party, at the time the ruling or order is made or sought, makes known to the court the action which the party desires the court to take, or the party’s objection and the ground for it. A party who has stated an objection and obtained a ruling need not renew the objection to preserve the claim of error. Where a party has had no opportunity to object to a ruling or order, the absence of an objection does not thereafter prejudice that party.

Continuing Objection. On request, the court may grant a continuing objection to a line of evidence, which preserves the objection as to all matter within the line without repetition.

Offer of Proof. Where the court excludes evidence, the party offering it may make an offer of proof as provided by Rid. R. Evid. 103. The offer shall be made in the proceeding communications and, in a trial to a jury, outside the hearing of the jury.

Repetition Prohibited. After the court has ruled, counsel shall not reargue the point. The objection and the ruling preserve the claim of error without more.

Discussion. Redirect examination shall cover cross-examination topics except in situations where good cause is presented before the court.

Pre-Dismissal Recall. Prior to dismissal, a witness may be recalled by either party.

Post-Dismissal Recall. After dismissal, a witness may still be recalled yet such may only be done with the permission of the court.

Recross-Examination. Recross-examination is permitted in the discretion of the court and, when permitted, is limited to matters raised on redirect examination.

Examination by the Court. The calling and examination of a witness by the court is governed by Rid. R. Evid. 614.

Excusing a Witness. The court shall state in the proceeding communications when a witness is excused. A witness under subpoena shall remain subject to the subpoena until excused by the court.

Testimony. During civil proceedings, the testimony of witnesses shall be given under oath or affirmation, provided orally in open court, unless otherwise specified by law.

Open Court. For the purposes of paragraph (a) and of these rules, testimony given in the proceeding communications for the case is testimony given orally in open court. The form and admissibility of testimony are governed by Rule 30.

Administration of the Oath. The oath or affirmation shall be administered as provided by Rule 30(3) before the witness is asked any question of substance. The administration of the oath and the witness’s response are part of the record.

Identification. Upon being sworn, a witness shall state the username under which the witness appears in the proceeding and shall confirm that the account transmitting the testimony is under the witness’s sole control. A witness shall not permit another person to transmit testimony on the witness’s behalf.

Own Words. A witness shall testify in the witness’s own words and in real time. A witness shall not transmit testimony composed in advance, and shall not read from any writing while testifying except as permitted by Rid. R. Evid. 612.

Question and Answer. Testimony shall be elicited by question and answer. Narrative testimony is permitted only by leave of the court.

Address to the Court. Counsel and self-represented parties shall address the presiding judge as “Your Honor” or shall address “the Court.” The title “Judge” shall not be used as a term of address, and no informal name, nickname, or username shall be used in addressing the court.

Address to Others. Remarks shall be addressed to the court and not to an opposing party or opposing counsel. A party, witness, or attorney shall be referred to by the username of record or by the party’s designation in the action. Counsel shall not denigrate, mock, or impute bad faith to an opposing party, opposing counsel, or a witness, and shall not address the court or any participant with familiarity.

Recognition; Who May Speak. Only a person recognized by the court may address the court. Only one attorney for a party may address the court at a time. Counsel shall not introduce themselves or co-counsel except when first recognized in the proceeding or when the court directs.

Interruption. No person shall interrupt the court. A person who is speaking when the court begins to speak shall stop immediately.

Transmissions in the Proceeding Communications. During a trial or hearing, no person shall transmit into the proceeding communications except as this rule permits. A person who is not a party, an attorney of record, a witness then testifying, an officer of the court, or a person the court has recognized shall transmit nothing. Reactions, images, links, attachments, and side conversation are prohibited, except that an exhibit may be presented as subdivision (9) provides.

Integrity of the Record. The proceeding communications constitute the record of everything said in the proceeding. A message once transmitted in the proceeding communications shall not be edited or deleted. A person who edits or deletes a message shall immediately disclose the fact to the court and restore the original text so far as able. A violation of this paragraph may be punished as a contempt under Rule 53 and may be considered under Rid. R. Evid. 1101.

Communications Outside the Proceeding. No party or attorney shall communicate with the court concerning the merits of a pending action otherwise than in the proceeding communications or by a filing made through the electronic filing system, except in a matter authorized by these rules to be heard ex parte. A communication so authorized shall be disclosed on the record as soon as the reason for its confidentiality has passed.

Identity of Participants. Each party, attorney, and witness shall participate under the username by which that person appears of record. A person who changes the username or display name under which that person appears shall disclose the change to the court and to every other party before further participating.

Punctuality. Counsel of record and self-represented parties shall be present in the proceeding communications not later than fifteen (15) minutes before the hour set for trial, and shall remain present until the court adjourns or excuses them.

Preparation. Counsel shall be prepared to state where in the record any fact relied upon appears, by the Bates number of the filing and the page of the document, or by the date and time in Coordinated Universal Time of the message in the proceeding communications. Counsel who cites an authority shall give the citation. Counsel shall not misstate an authority or the record. Counsel shall explain any term of art, platform term, or in-game term that is not in common use.

Enforcement. For a violation of this subdivision the court may admonish the offender on the record; may exclude a person other than a party or counsel of record from the proceeding communications; may strike the offending matter; may reduce the time allowed under subdivision (1)(b); may impose sanctions under Rule 11; may proceed under Rule 28(2); and may punish the violation as a contempt under Rule 53. The court shall state the ground of any action taken under this paragraph on the record.

Convening. The trial commences when the presiding judge states in the proceeding communications that the court is convened, and not before.

Times Stated in Coordinated Universal Time. Every hour set for a trial, hearing, recess, or resumption shall be stated in Coordinated Universal Time. Time runs continuously; there are no court days, court hours, or holidays, and no period fixed by the court or by these rules is enlarged by reason of the hour or day on which it ends.

Recess. The court may take a recess at any time and shall state the hour at which the proceeding will resume.

Interruption of the Proceeding. If the proceeding communications become unavailable, or if the presiding judge or a party is unable to participate by reason of a failure of the platform, the court shall suspend the trial. On resumption the court shall state on the record the period of the interruption. Testimony given during a period in which a party was unable to receive it shall be retaken unless the party waives.

Adjournment. A trial that cannot be concluded in one session shall be adjourned to a stated hour. The court shall enter the adjournment on the docket. An adjournment does not reopen the evidence.

Submission. After the closing arguments the court shall declare the case submitted and shall so state in the proceeding communications. After submission no party shall file or transmit further matter bearing on the merits except by leave of the court.

Designation and Exchange. Not later than twenty-four (24) hours before the hour set for trial, each party shall file through the electronic filing system, under the filing code for an exhibit, a list of the exhibits it intends to offer and the exhibits themselves. The plaintiff shall designate its exhibits by Arabic numeral preceded by “P”; the defendant by Arabic numeral preceded by “D”; any other party by a designation the court assigns. The list shall identify each exhibit by designation and by a description sufficient to identify it.

Service. Exhibits so filed are served upon every other participant by the electronic filing system when the filing is accepted for filing. No separate transmission by the filer is required.

Form; Size. Each exhibit shall be filed as a separate document within the filing. No single document may exceed fifty (50) megabytes, which is the limit the electronic filing system enforces. An exhibit that exceeds that limit shall be divided into separately designated parts, each identified as a part of the whole.

Objections to Exhibits. A party objecting to an exhibit on the list shall state the objection and its ground in the proceeding communications not later than six (6) hours before the hour set for trial. The court shall rule upon the objection before opening statements so far as practicable. An objection not so stated is not waived, but the court may take the failure into account in ruling and in fixing the order of proof.

Sensitive Matter; No Sealing or Redaction. The electronic filing system provides no document-level sealing and no redaction tooling; confidentiality attaches by case type only. A party who must withhold matter from an exhibit shall prepare the exhibit so that the matter does not appear before the exhibit is filed, as Rule 5.6 requires. No party shall file an exhibit in the expectation that the court will seal it or redact it, and the court shall not order the sealing or redaction of a document that has been filed. Where matter cannot be filed without disclosure that the court finds harmful, the court may receive the matter in evidence upon a description filed on the docket, may take testimony as to its contents under Rid. R. Evid. 1004, or may enter a protective order under Rule 19(3) binding the persons before it.

Offering and Admission. An exhibit is offered by stating its designation and offering it in evidence. The court shall rule upon the offer and shall state the ruling in the proceeding communications. An exhibit is in evidence only when the court has so stated. Authentication is governed by Rid. R. Evid. 901 and 902; the admissibility of a duplicate by Rid. R. Evid. 1003; and proof of the content of a writing, recording, or photograph by Rid. R. Evid. 1001 through 1008.

Presentation to a Witness. Counsel shall direct a witness to an exhibit by its designation and by the Bates number of the filing in which it appears. Counsel shall not transmit an exhibit into the proceeding communications a second time except at the direction of the court.

Exhibits Not Previously Filed. An exhibit first offered at trial that was not filed under paragraph (a) shall be received only on leave of the court for good cause, and the offering party shall file it through the electronic filing system before the close of the evidence. An exhibit used solely to refresh a witness’s memory, to impeach, or as a demonstrative aid need not be listed under paragraph (a), but Rid. R. Evid. 612 governs the production of a writing used to refresh memory.

Demonstrative Aids. A demonstrative aid is not evidence and shall not be taken into deliberation unless the court admits it in evidence. A demonstrative aid shall be accurate, shall be exchanged with every other party before it is used, and shall be identified as a demonstrative aid when presented.

Custody of the Record. The documents filed through the electronic filing system are the record of documentary evidence, and the Clerk is their custodian as provided by 3 R. Stat. § 131.102 and Rule 58. A filed document may not be amended, withdrawn, or replaced. A party who has filed a defective exhibit shall cure it by a corrected refiling, which bears its own later filing date and shall be identified as correcting the earlier filing.

Tangible and In-Game Objects. Where an exhibit is a tangible object or a state of affairs existing in-game, the court may take a view, may receive photographic or video documentation of it filed as an exhibit, or may direct the parties to enter a stipulation describing it. The court shall state on the record what it has viewed.

Grace. Where a party or counsel of record required to be present is not present in the proceeding communications at the hour set for trial, the court shall wait fifteen (15) minutes before acting under this subdivision, and shall note the hour of the party’s absence on the record.

Absence of the Plaintiff. Where the plaintiff fails to appear, the court may dismiss the action under Rule 28(2)(b), may continue the trial upon a showing of good cause made within a period the court fixes, or may proceed to hear such evidence as the defendant offers upon a counterclaim.

Absence of the Defendant. Where the defendant fails to appear, the court may proceed with the trial, receive the plaintiff’s evidence, and enter judgment upon that evidence. A judgment so entered is a judgment upon the evidence and not a default under Rule 37, and Rule 36(3) governs the relief that may be granted.

Absence of a Witness. Where a witness under subpoena fails to appear, the court may proceed under Rule 32(7).

Relief. A party against whom the court has acted under this subdivision may seek relief under Rule 35 or Rule 42.