|
Jury Trial - Appearance: Defendant and Defense Counsel must be present for trial, unless otherwise expressly approved by the Court. If Defense Counsel fails to attend trial, the case may be struck from the trial docket. If a Defendant fails to attend trial, a warrant for Defendant’s arrest may be issued.
Jury Selection and Trial Subpoenas: This Division will conduct Jury Selection on Tuesdays at 8:30 am during Trial Weeks, unless otherwise discussed at Pretrial. Please ensure trial subpoenas are issued for the appropriate time period.
Jury Instructions: The State shall email proposed Jury Instructions to the Judicial Assistant no later than 3:00 pm on the Monday of the Trial Week, copying Defense Counsel. Before the Jury Instructions are submitted to the Judicial Assistant, the Parties shall attempt to agree on them. If the Parties cannot agree on the Jury Instructions, they should specifically indicate which Instructions are not agreed to on each page of the objectionable Jury Instruction. Defense Counsel may email to the Judicial Assistant any specially requested Jury Instructions or Jury Instructions that have not been agreed to by the State, no later than 3:00 pm on the Monday of the Trial Week, copying the State.
Jury Trial Witness List: No later than 3:00 pm on the Monday of the week of the jury trial, counsel for the State and Defense Counsel shall furnish to each other, as well as the Court and Clerk, and file via the E-Portal, a list of the names of all witnesses who are expected to testify at the trial of this cause (in order in which they are to be called).
Jury Trial Exhibits: Prior to Jury Selection, Exhibits for Jury Trials shall be pre-marked sequentially and each page of an Exhibit shall be numbered (or Bates Stamped). The Parties shall furnish to each other, and the Court and Clerk, and file via E-Portal, a numbered Exhibit List listing all Exhibits that are anticipated to be introduced at trial. The Parties shall attempt to agree on the admissibility of as many proposed Exhibits as possible prior to the start of the trial.
Jury Trial Exhibits – Review: Prior to Jury Selection, the Parties shall meet to review all Exhibits to be introduced into trial, as listed on the Exhibit List(s). Prior to Opening Statements, the Parties shall confer with their witness(es) to review all Exhibits planned to be referred to during testimony of that witness to ensure identification/ authentication of the Exhibit(s) is completed prior to the witness being called before the jury. No trial shall be delayed or continued because an attorney needs to review an Exhibit(s) with a witness.
Non-Jury Trials: If a Defendant is entitled to a Jury Trial but elects to have a Non-Jury Trial, the Defendant must personally sign and file with the court a Waiver of Jury Trial. A written document requesting a trial date without specifying a Jury or Non-Jury Trial will be deemed a request for a Jury Trial unless a Waiver of Jury Trial form has been previously filed. If a Non-Jury Trial date is to be set at Arraignment, Disposition Hearing, or Pretrial Conference, and a Waiver of Jury Trial form has not been filed, the Defendant must be present to complete said form.
Non-Jury Trial Exhibits: Exhibits for Non-Jury Trials shall be pre-marked sequentially and each page of an Exhibit numbered (or Bates Stamped). The Parties shall attempt to agree on the admissibility of as many exhibits as possible prior to the start of the trial.
Non-Jury Trial Exhibits – Review: Prior to the beginning of the Non-Jury trial, the Parties are directed to meet to review all Exhibits to be introduced at trial. Prior to the beginning of the trial, the Parties shall confer with their witness(es) to review all Exhibits planned to be referred to during testimony of that witness to ensure identification/authentication of evidence is done prior to the witness being called. No trial shall be delayed or continued because an attorney needs to review an Exhibit with a witness.
Trial Objections: All objections made during a trial, or any other evidentiary proceeding, shall be supported by specific statutory authority or case law, which shall be provided to the Court, if requested, at the time of the objection.
Authority During Trial: A paper copy of all cases, statutes, exhibits, rules, or other citations of authority that a Party wishes the Court to consider during a trial must be provided to the Court during trial.
|