(a) A lawyer representing a party in a civil matter triable to a jury shall not make any
extrajudicial statement that a reasonable person would expect to be disseminated by means
of public communication if the lawyer or other person knows or reasonably should know that
it will have a substantial likelihood of causing material prejudice to an adjudicative proceeding.
(b) A statement referred to in LR 83.2(a) ordinarily is likely to have such an effect when
it relates to:
(1) the character, credibility, reputation or criminal record of a party or witness, the
identity of a witness, or the expected testimony of a party or witness;
(2) the performance or results of any examination or test, the refusal or failure of a
person to submit to an examination or test, or the identity or nature of physical
evidence expected to be presented; and
(3) information the lawyer knows or reasonably should know is likely to be
inadmissible as evidence in a trial and would if disclosed create a substantial risk of
prejudice to an impartial trial.
(c) Notwithstanding LR 83.2(a) and (b), a lawyer involved in the litigation of a matter may
state without elaboration:
(1) the general nature of a claim or defense;
(2) the information contained in a public record;
(3) the scheduling or result of any step in litigation; and
(4) a request for assistance in obtaining evidence and the information necessary
thereto.
(d) Nothing in this Rule is intended to preclude either the formulation or application of more
restrictive rules relating to the release of any information about parties or witnesses in an
appropriate case.
(e) Nothing in this Rule is intended to apply to the holding of hearings or the lawful
issuance of reports by legislative, administrative or investigative bodies, nor to a reply by any
attorney to charges of misconduct publicly made against that attorney.
(f) The court’s supporting personnel including, among others, the marshal, deputy
marshals, the clerk, deputy clerks, court reporters and employees or subcontractors retained
by the court-appointed official reporters, probation officers and their staffs, and members of the
Judges’ staffs, are prohibited from disclosing to any person, without authorization by the court,
information relating to a proceeding that is not part of the public record of the court. The
disclosure of information concerning in camera arguments and hearings held in chambers or
otherwise outside the presence of the public is also forbidden.
(g) The court, on motion of any party or on its own motion, may issue a special order
governing such matters as extrajudicial statements by parties and witnesses likely to interfere
with the rights of a party to a fair trial by an impartial jury, the seating and conduct in the
courtroom of spectators and news media representatives, the management and sequestration
of jurors and witnesses, and any other matters which the court may deem appropriate for
inclusion in such an order.
