(a) Opening Statements
Opening statements may not be argumentative or exceed 30 minutes in length,
except by leave of Court.
(b) Closing Arguments
The Court will determine the length of closing arguments. Only one attorney
may argue for each party, except by leave of Court. The Government must
argue first and may reserve for rebuttal such time as may be fixed by the Court.
(c) Examination of Witnesses
(1) The examination of a particular witness, and objections relating to that
examination, must be made by one attorney for each party, except by
leave of Court.
(2) On oral motion of a party or on its own motion, the Court may order on
such terms as it may prescribe that a witness under examination in
court may not discuss the witness’s testimony, including during any
recess taken during the examination or before the witness is finally
excused.
(d) Attorneys as Witnesses
No attorney may without leave of Court conduct the trial of a jury action in
which the attorney is a witness for the party represented at trial.
(e) Trial Day
The presiding judge will establish the limits of the trial day.
(f) Exhibits
(1) Custody and Marking. All exhibits must be marked for identification
prior to trial in accordance with the final pretrial order. Unless
otherwise ordered by the Court, all exhibits offered in evidence, whether
admitted or excluded, will be held in the custody of the Clerk during the
pendency of the proceedings. Exhibits that, because of their size or
nature, require special handling, however, must remain in the
District of Maine Local Rules
possession of the party introducing them. Exhibits retained by counsel
must be preserved in the form in which they were offered until the
proceeding is finally concluded.
(2) Return. Unless otherwise ordered by the Court, at the conclusion of the
proceeding, all nondocumentary exhibits will be returned to the
submitting parties who must keep them in the form in which they had
been offered and who must make them available for the use of other
parties, the Court, or an appellate court until the expiration of any
appeal. Any documentary exhibits must be withdrawn by counsel who
offered them within 30 days after the final determination of the action
by this or any appellate court. Upon counsel’s failure to timely remove
any exhibits, the Clerk may, after due notice to counsel, dispose of them
as necessary.
(3) Valuable Exhibits. A party who offers valuable exhibits is responsible
for their insurance and protection.
(4) Photographs of Chalks. Counsel may photograph or otherwise copy
any chalk in order to make a record of it.
(5) Firearms. A party intending to offer a firearm must first deliver it to
the Marshal who will ensure that it is not loaded and that it is rendered
safe for presentation in court. During the course of the proceedings, the
firearm must remain in the custody and control of a custodian approved
in advance by the Court and the Marshal. A firearm may be examined
by a deliberating jury only while in the custody of a Court Security
Officer, who must remain, without comment, in the jury room during
the examination.
(g) Official Record
The only official record of any court proceeding is a record prepared by an
authorized court reporter or an electronic sound recording made by court
personnel or a transcript prepared therefrom by professional transcription
services, when properly certified in each case.
District of Maine Local Rules
Rule 124.1 Proposed Questions for Jury Voir Dire
Proposed questions for jury voir dire must be served and submitted to the Court at
least 3 days prior to jury empanelment.
District of Maine Local Rules
Rule 124.2 Trial Jury
(a) Number of Jurors
In all criminal jury trial cases, the jury must consist of 12 members.
(b) Examination of Jurors
The Court will conduct the examination of prospective jurors. At the close of
such examination, the Court will afford counsel an opportunity, at the bench,
to request that the Court ask additional questions.
(c) Challenges for Cause
Challenges for cause of individual prospective jurors must be made at the
bench, at the conclusion of the Court’s examination.
(d) Peremptory Challenges
(1) Manner of Exercise. Peremptory challenges must be exercised by
striking out the name of the juror challenged on the list of the drawn
venire prepared by the Clerk. Any party may waive the exercise of any
of his peremptory challenges without thereby relinquishing his right to
exercise any remaining peremptory challenge or challenges to which he
is entitled. If all peremptory challenges are not exercised, the Court will
strike from the bottom of the list sufficient names to reduce the number
of jurors remaining to 12.
(2) Order of Exercise. In a criminal case in which the government is
entitled to 6 peremptory challenges and the defendant or defendants
jointly to 10 peremptory challenges, they will be exercised as follows:
Government 1
Defendant(s) 2
Government 1
Defendant(s) 2
Government 1
Defendant(s) 2
Government 1
District of Maine Local Rules
Defendant(s) 2
Government 1
Defendant(s) 1
Government 1
Defendant(s) 1
In any action in which the Court allows several defendants additional
peremptory challenges, the order of challenges will be determined by the
Court.
(3) Alternate Jurors in Criminal Cases. Peremptory challenges to
alternate jurors in a criminal case will be exercised one by one,
alternately, the government exercising the first challenge.
District of Maine Local Rules
