GENERAL RULES FOR TRIAL OF CASES
BEFORE JUDGE TIMOTHY D. DEGIUSTI
PLEASE READ CAREFULLY PRIOR TO TRIAL
1. Be on time for each court session. Trial engagements take precedence over any other
business. If you have matters in other courtrooms, arrange in advance for someone to handle
them for you or to have such matters continued.
2. Exhibits must be prepared as set out in LCvR39.4. Exhibits are to be placed in three-
ring binders separated by tabs. The parties shall provide the original and two copies of the exhibit
notebooks to the Court on the first day of trial, unless ordered to do so earlier by the Court.
Witness and Exhibit lists must be submitted as required by LCvR43.1.
3. Stand whenever you address the Court for any purpose, including making objections.
Address remarks to the Court when on the record; do not address the deputy or law clerk, the
reporter or opposing counsel. If you want to speak to opposing counsel in the presence of the
jury, seek permission to talk to him or her off the record. All requests to reread questions or
answers or to place exhibits in front of the witnesses shall be addressed to the Court.
4. While the Court is in session, do not leave counsel tables to confer with anyone,
including investigators or witnesses, in the back of the courtroom or outside the courtroom unless
permission is granted in advance. Do not bring food or beverage into the courtroom. Water is
provided at counsel table.
5. When opposing counsel has the floor, do not distract the Court or jury by conversing
audibly with your client or co-counsel, ostentatiously passing notes, rummaging through papers or
other conspicuous conduct. Counsel should not by facial expression, nodding or other conduct,
exhibit any opinion, adverse or favorable, concerning any testimony that a witness is giving.
Counsel should admonish his or her client and witnesses likewise to avoid such conduct.
6. In your opening statements to the jury, do not argue the case and do not discuss the
law. Confine yourself to a summary of the important facts. Address time allowance for opening
statements with the Court prior to the start of trial.
7. Stand when you question witnesses. Counsel with physical disabilities will be
excused from this requirement. Do not pace about the courtroom when questioning witnesses;
remain at the lectern unless given permission to approach the witness, diagram, bench or the like.
When permission is given, return to the lectern when the purpose for which permission was granted
is finished. Except for children, address witnesses by their surnames, for example, Mrs. A,
Sergeant B, or Doctor C.
8. Do not instruct a witness you are questioning regarding the responsiveness of an
answer; if you believe an answer is unresponsive, the questioning lawyer may make an appropriate
objection.
9. Never assert your personal opinion as to the credibility of a witness, the culpability of
a civil litigant or the guilt or innocence of an accused. Likewise, counsel should never assert
personal knowledge of a fact not in evidence.
10. Where a party has more than one lawyer, only one may conduct the direct or cross-
examination of a given witness, and make objections during that witness's testimony.
11. If a witness is on the stand at the time of a recess or adjournment, have the witness
return to the stand and be ready to proceed when Court resumes.
12. Do not run out of witnesses; ensure that your next witness is standing by when needed.
13. Whenever, in your opinion, a particular exhibit is admissible, it should be moved into
evidence. The practice of holding all exhibits until the end of a session or the end of your case
and moving them all in is not favored. To the extent parties have agreed upon the admission of
exhibits or the foundational requirements for certain exhibits, such exhibits, upon request, may be
deemed admitted pretrial subject to the exhibit actually being used or referred to by a witness
during trial.
14. When using an exhibit, counsel should refer to it by number. Witnesses should be
asked to do the same.
15. The Court does not favor taking time to pass an exhibit among the jurors for viewing
when it is admitted. This procedure should be used sparingly and reserved for truly significant
exhibits. Moreover, when this procedure is permitted by the Court, counsel should have a copy
of the exhibit for each juror (if it is capable of reproduction).
16. When you object in the presence of the jury, make your objection brief and to the
point. State only your objection and the legal ground for the same. Do not argue the objection
or the ruling of the Court in the presence of the jury.
17. Do not make motions, for example, motions for mistrial, in the presence of the jury;
such motions may be raised at the bench upon permission.
18. In closing argument of jury cases, do not appeal to any juror to put himself or herself
in the position of a party. Closing arguments, as with other presentations, will be made from the
lectern.
19. If you have reason to anticipate that any question of law or evidence is particularly
difficult, give the Court as much advance notice as possible.
20. If you desire to have daily copy or any other extraordinary court reporter services
during trial, you must so notify the Chief Deputy Court Clerk a minimum of two weeks before the
date the case is scheduled to be called for trial.
Thank you for your cooperation.
TIMOTHY D. DEGIUSTI
UNITED STATES DISTRICT JUDGE
