(a) Examination of Witnesses and Argument.
(1) During opening statement, examination of witnesses and argument, counsel should
stand at the lectern.
(2) Do not approach a witness without asking permission of the Court. When permission
is granted for the purpose of working with an exhibit, resume the examination from
the lectern when finished with the exhibit.
(3) Counsel should rise when addressing the Court.
(b) Objections to Questions.
(1) When objecting, state only that you are objecting and specify the ground or grounds
of objection. Do not use objections for the purpose of making a speech, recapitulating
testimony, or attempting to guide the witness.
(2) Argument upon the objection will not be heard until permission is given or argument
is requested by the Court.
(3) Counsel should rise when making objections.
(c) Decorum.
(1) Colloquy or argument between attorneys is not permitted. Address all remarks to the
Court.
(2) In a jury case, if there is an offer of stipulation, first confer with the opposing party
about it.
(3) Do not ask the reporter to mark testimony unless you have first obtained the Court’s
approval to do so. Such permission will be granted only where testimony is expected
to be unusually lengthy. All requests for re-reading of the questions or answers shall
be addressed to the Court.
(4) During trial, counsel shall not exhibit familiarity with witnesses, jurors, or opposing
counsel. Counsel should avoid using first names or nicknames. Counsel shall not
address a juror individually or by name.
(5) During the argument of the opposing party, remain seated at the counsel table and be
respectful. Never divert the attention of the Court or the jury.
(6) Witnesses shall be treated with fairness, consideration, and respect.
(7) No person shall, by facial expression or other conduct, exhibit any opinion as to
witness testimony or a ruling of the Court. Counsel will admonish their clients and
witnesses about this rule.
(d) Court Hours and Promptness.
(1) The Court makes every effort to commence proceedings at the time set. Promptness
is expected from counsel and witnesses.
(2) If a witness was on the stand at a recess or adjournment, counsel shall ensure that the
witness is on the stand and ready to proceed when Court resumes.
(3) Counsel should make every effort to schedule witnesses in order to ensure full
utilization of the trial day.
(e) Witness Order.
Upon a showing of particular need, the Court may permit a witness to be called out of order.
Counsel should anticipate any such possibility and discuss it with opposing counsel. If there is
objection, counsel should confer with the Court in advance.
(f) Exhibits.
(1) Unless very few in number, exhibits should be pre-marked for identification prior to
trial. The deputy clerk will cooperate with the parties in facilitating the marking and
management of exhibits.
(2) Each party shall keep a list of all exhibits.
(3) Unless it is not possible due to the nature of an exhibit, parties should have copies of
an exhibit for the Court, the opposing party, and the witness.
(4) Documents and other exhibits, where practical, should be shown to the opposing
party before use in court.
(5) Each party is responsible for any exhibits secured from the Clerk of Court. At each
noon or end-of-the-day adjournment, return all exhibits to the Clerk.
(6) Ordinarily, exhibits should be offered in evidence when they become admissible
rather than at the end of counsel’s case.
(7) When an exhibit is referred to during court, the exhibit number should be identified
so that the record will be clear.
(8) If a party uses a map, diagram, picture, or other graphic document as an exhibit, any
location or feature identified on such a document by a party or witness should be
appropriately marked on the document (if not readily apparent from the document
itself). Markings on exhibits should only be made after receiving the Court’s
permission to do so. If a mark is made on an electronic screen display, the party
should discuss with the Court how to memorialize the mark.
(9) If several exhibits are contained within an envelope, package, or box, counsel should
mark the container as an exhibit and the contents as subparts of this exhibit (e.g.,
mark the box as Exhibit 1 and the contents as Exhibits 1-A, 1-B, etc).
(g) Complex Legal or Evidentiary Questions—Advance notice.
If counsel anticipates a question of law or evidence will be difficult to resolve or will provoke an
argument, counsel should give the Court advance notice.
(h) Use of Answers to Interrogatories and Requests for Admissions.
If counsel expects to offer answers to interrogatories or requests for admissions extracted from
several separate documents, counsel shall prepare a summary document containing the relevant
answers or admissions and provide copies to the Court and the opposing party. This obviates the
time-consuming process of thumbing through extensive files to locate the particular items.
(i) Opening Statements.
Counsel should confine his or her opening statement to what the evidence is expected to show. It
is not proper to use the opening statement to argue the case or instruct the jury as to the law.
(j) Civility Code.
As a member of the bar of the United States District Court, Eastern District of Washington, I will
abide by the following principles of professional conduct.
(1) I will be courteous and fair.
(2) I will endeavor to resolve differences through cooperation and negotiation.
(3) I will be timely, honoring appointments, commitments and case schedules.
(4) I will never design the timing, manner of service, and scheduling of hearings for the
objective of oppressing or inconveniencing my opponent.
(5) I will always conduct myself professionally, as if I were in the presence of a judge.
(6) I will be forthright, respectful and honest.
(7) As an officer of the court, I will uphold the honor and dignity of the court and of the
profession of law, remembering that I have sworn to uphold the Constitution of the
United States and its establishment of justice.
