TITLE THREE — TRIAL PROCEEDINGS
Rule 24. Trial Process
Opening and Closing Statements; Arguments.
Order of Presentation. The State shall present its opening statement first. The defendant may present an opening statement of his defense after the opening statement of the State or after the close of the State’s evidence. The defendant shall present his closing argument first, after the conclusion of re-examination. The State shall present its closing argument after that of the defendant. No further argument shall be made by either party except with leave of the court.
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.
Running of the Time. The time allowed under Rule 24(a)(2) runs continuously from the moment the opening or the argument begins and is measured by the court. Time consumed in responding to a question from the court shall not be charged against the party responding. Counsel shall not seek to enlarge the effective time allowed by transmitting argument in rapid succession, by transmitting argument in advance of the party’s turn, or by transmitting a single communication of such length that the court cannot interject.
Content. The permissible and impermissible content of an opening statement and of a closing argument, the time for objecting to either, and the duty of the court to prevent and remedy error therein are governed by Rid. R. Evid. 1107.
Waiver. A party may waive its opening statement or its closing argument. Waiver of an opening statement does not waive closing argument, and waiver of either shall not be commented upon by the opposing party.
Order of Evidence; Rebuttal.
Order of Presentation. The prosecution 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 prosecution 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.
Resting. A party rests by stating on the record that it rests. A party that has rested shall not offer further evidence except upon leave of court granted for cause shown.
Reopening. Upon motion of a party or on its own motion, the court may permit the evidence to be reopened at any time before the beginning of closing arguments, and thereafter only where the interests of justice require. Where the court reopens the evidence after the beginning of argument, it shall afford each party a reasonable opportunity to address the additional evidence.
Sequence of Trial. Unless the court for cause orders otherwise, the trial shall proceed in the following sequence: preliminary matters and rulings on matters reserved; impanelment of the jury, where one is demanded under Rule 24.1; opening statements; the case-in-chief of the State; a motion under Rule 25 at the close of the State’s evidence; the case of the defendant; rebuttal; the close of the evidence; a motion under Rule 25 at the close of all the evidence; requests under Rule 26 or Rule 24.2; closing arguments; the charge to the jury under Rule 24.2 or the finding of the court under Rule 24(k); and the verdict or finding.
Examination; Cross-Examination.
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. The attorney who conducts the direct examination of a witness shall conduct any re-examination of that witness, unless the court for cause permits otherwise.
Mode and Order. The mode and order of examining witnesses and presenting evidence are governed by Rid. R. Evid. 611, and questioning by the court or by a juror by Rid. R. Evid. 614.
Conduct During an Opponent’s Examination. While an opposing party is examining a witness, counsel shall give attention to the examination and shall make no communication upon the record other than an objection, a response to an objection, or a statement made at the direction of the court. Counsel shall not signal, prompt, coach, or otherwise communicate with a witness who is under examination, whether in the proceeding communications, by direct message, in-game, or by any other means. Counsel shall not confer with a witness of their own who is under examination concerning the substance of that witness’s testimony, and shall confer with such a witness on any other subject only with leave of court.
Presence. Counsel and the defendant shall remain present in the proceeding communications throughout the taking of evidence and shall not depart without leave of court, except where the defendant’s presence has been waived under Rule 18(c) or forfeited under Rule 18(b)(2). Counsel shall remain present and shall participate fully at every stage on behalf of an absent defendant, as Rule 18.4(c) and 6 R. Stat. § 131.501(f) require. Rule 18 governs the presence of the defendant; Rule 18.4 governs the conduct of a trial in absentia; Rule 45 governs the removal of a disruptive defendant.
Sequestration. Rule 21 and Rid. R. Evid. 615 govern the exclusion of witnesses.
Objections.
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.
Timeliness. An objection to the form of a question shall be made before the witness answers. An objection to an answer shall be made as soon as the ground of objection appears. An objection to a statement made in an opening or a closing shall be made as provided by Rid. R. Evid. 1107(c).
Motion to Strike. Where an answer is given before an objection can be made, or where an answer exceeds the question, the objecting party may move to strike. The court shall rule upon the motion on the record and, where the motion is allowed in a jury trial, shall instruct the jury to disregard the matter struck.
Continuing Objection. The court may grant a continuing objection to a line of questioning or to a class of evidence. A continuing objection preserves the objection as to all matter within its stated scope without further repetition.
Offers of Proof. Where the court excludes evidence, the offering party may make an offer of proof as provided by Rid. R. Evid. 103. In a jury trial the offer shall be made out of the hearing of the jury.
Exceptions Unnecessary. Rule 22 governs the necessity, form, and effect of an objection to a ruling or order of the court.
Argument Upon Objections. Counsel shall not argue an objection unless the court calls upon counsel for argument. Where the court calls for argument in a jury trial, the argument shall be conducted out of the hearing of the jury, in a channel designated by the court for that purpose, and shall be entered upon the record.
Re-Examination.
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.
Re-Cross-Examination. The court may permit re-cross-examination limited to matters newly raised on redirect examination.
Witness Testimony.
Testimony. During criminal proceedings, the testimony of witnesses shall be given under oath or affirmation, provided orally in open court, unless otherwise specified by law.
Administration of the Oath. The oath or affirmation shall be administered by the court, by the Clerk of the Superior Court, or by a deputy clerk, as authorized by 3 R. Stat. § 131.104, and in the form required by Rid. R. Evid. 603. The witness shall be identified upon the record by username.
Place of Testimony. Testimony shall be given in the proceeding communications or, where the court so directs, in-game in the presence of the court and the parties. Testimony given in-game shall be entered upon the record of the proceeding communications by the court or by the Clerk.
Competency; Personal Knowledge; Interpreters. Rid. R. Evid. 601, 602, and 29 govern the competency of a witness, the requirement of personal knowledge, and the use of an interpreter. Rule 41 governs the appointment of an interpreter or expert by the court.
Interruption of Testimony. No person shall interrupt a witness who is answering a question except the court, or counsel for the purpose of objecting.
Decorum and Conduct of Counsel.
Attendance. Counsel and any co-counsel shall be present in the proceeding communications not less than fifteen minutes before the time set for trial and shall remain until the court adjourns or excuses them.
Addressing the Court. All remarks shall be addressed to the court and not to opposing counsel, to a party, or to a witness except in the course of examination. The presiding officer shall be addressed as “Your Honor.” A judge of the Superior Court may also be addressed as “Judge” followed by the judge’s surname, and a Justice of the Supreme Court as “Justice” followed by the Justice’s surname. Where counsel is uncertain of the presiding officer’s name, counsel shall use “Your Honor.”
Yielding to the Court. Counsel shall never interrupt the court. Where the court speaks or transmits upon the record while counsel is speaking or transmitting, counsel shall cease immediately and attend to the court.
One Speaker. Only one attorney for each party shall address the court upon any single matter, and only the attorney conducting an examination shall object or respond to an objection as provided by Rule 24(d)(3).
Answering the Court. Counsel shall answer a question from the court directly. Where the answer is yes or no, counsel shall say so before expanding upon the answer. Where counsel does not know the answer, counsel shall say so. Where an answer depends upon a fact that is not in the record, counsel shall say so expressly.
Accuracy Toward the Court. Counsel shall not misstate the record, the evidence, or the law. Counsel shall not correct the court upon a matter that is immaterial. Where the court states a point adverse to counsel, counsel shall either concede the point or state why it is not dispositive, and shall then proceed.
Language. Counsel shall use precise and simple language. Counsel shall not use the terminology of a trade, an agency, or an activity without explaining it. A person shall be referred to by username, or by the person’s role in the case, and not by a nickname, abbreviation, or in-game alias that is not in evidence.
Civility. Counsel shall not denigrate opposing counsel, a party, a witness, or the court. Attempts at humour, familiarity, and expressions of personal acquaintance with the court are out of place and shall be avoided. Counsel shall not resort to emotional oration, to histrionics, or to formatting, emphasis, capitalisation, or repetition employed to overbear the proceeding.
Integrity of the Record. A communication transmitted upon the record shall not be edited or deleted. Where counsel has transmitted matter in error, counsel shall transmit a correction upon the record; the original communication stands, and the court shall treat the correction as made at the time it was transmitted. A party who edits or deletes a communication upon the record is subject to Rule 48 and to Rule 43.
Quotation. Where counsel quotes a document verbatim, counsel shall identify the exhibit and the page or passage from which the quotation is taken.
Knowledge of the Record. Counsel shall be prepared to state where in the record any fact relied upon may be found, and to state the procedural history of the case.
Exhibits.
Exhibit List. Each party shall prepare a list of the exhibits it intends to offer, identifying each by number or letter and by a short description, and shall exchange the list at the pretrial conference under Rule 11(a) or at such other time as the court orders. The Clerk shall maintain the exhibit list of the case upon the docket.
Marking. Exhibits of the State shall be marked with consecutive arabic numerals and exhibits of the defendant with consecutive capital letters. An exhibit shall be marked before it is offered. An exhibit marked for identification and not admitted remains part of the record for the purpose of appeal.
Form. An exhibit shall be filed as a document of a filing in the electronic filing system under Rule 32 and shall not exceed fifty (50) megabytes. An exhibit shall be accurate, complete, and legible. Counsel shall state precisely what the exhibit is, when and by whom it was created or captured, and the ground upon which it is authenticated, before offering it.
Notice. Counsel shall advise the Clerk of an intention to use an exhibit in advance of the session at which it will be used, so that the exhibit is available upon the record when it is offered.
Publication. An exhibit shall be transmitted in the proceeding communications when it is offered, and, where the exhibit has been admitted in a jury trial, made available to the jury as the court directs.
Authentication; Electronic and In-Game Evidence. Rid. R. Evid. 901, 902, 1108, and 71 govern the authentication of exhibits, self-authentication, electronic and in-game evidence, and chain of custody.
Matter Not Capable of Being Filed. Where the matter to be proved is an in-game location, object, or condition that cannot be transmitted as a document, it shall be proved by photograph, recording, testimony, or a view or demonstration conducted under Rid. R. Evid. 1108 and upon such conditions as the court orders. The court shall enter upon the record a description of any view or demonstration and of who was present.
Immutability; Correction. A document once received by the electronic filing system cannot be amended or withdrawn. Where an exhibit as filed is defective, the party shall file a corrected exhibit, which bears its own filing date, and shall state upon the record that the earlier exhibit is superseded. The court shall rule upon the record which exhibit is before it.
Sensitive Material. A party shall not include within an exhibit material that is not necessary to the purpose for which the exhibit is offered. The electronic filing system provides no redaction of a document and no sealing of a document within a case that is not of a confidential type; the duty not to include unnecessary material rests upon the filer, and the Clerk may reject a filing that violates it.
Custody. Exhibits remain in the custody of the Clerk as part of the record of the case and shall not be removed from the record. A judgment of acquittal or of conviction does not withdraw an exhibit from the record.
The Record of the Trial.
Where Kept. The proceeding communications of the case constitute the record of the trial. Every statement of counsel, every question and answer, every objection and ruling, every stipulation, and every act of the court shall be made upon that record.
Matter Off the Record. No argument, offer, stipulation, or ruling shall have effect unless made upon the record. Where a matter has been discussed elsewhere, the court shall cause its substance to be stated upon the record.
Entry by the Clerk. The Clerk shall enter upon the docket the commencement and conclusion of each session of the trial, the exhibits marked and admitted, the witnesses sworn, and the verdict or finding. 3 R. Stat. § 131.102.
Recesses; Continuity.
Recess. The court may recess the trial at any time and shall state upon the record the time at which the proceeding is to resume.
Admonition. Upon each recess in a jury trial the court shall admonish the jury as provided by Rule 24.1(m).
Trial Without a Jury; Finding of the Court.
Trial by the Court. Except in a prosecution for treason in which a jury has been demanded under Rule 24.1, the court shall try the case without a jury. 6 R. Stat. § 131.306.
Finding. At the conclusion of the evidence and the arguments the court shall state upon the record its finding of guilty or not guilty as to each count of the indictment or criminal information, and as to any lesser included offence upon which it finds.
Essential Findings. Upon the request of a party made before the announcement of the finding, or upon its own motion, the court shall state upon the record its essential findings of fact and its rulings upon the requests presented under Rule 26.
Entry. The finding shall be entered as provided by Rule 28(a).