County Criminal Court No. 9
- Be on time for court.
- Make brief objections on legal
- Stand to object or to address the Court.
not respond to opposing counsel's objection, unless you first ask
leave of the Court to do so or the Court asks you to do so.
- Do not talk at the same time that opposing counsel, a witness,
or the Court is talking.
- If your client is in custody at the time of trial, bring
appropriate clothes for him to wear to the courtroom, and give them
to the bailiff before the trial.
- Prior to jury selection, the law requires a punishment
election and/or applicaiton for probation to be filed ONLY if the
jury is the seleciton. The Court is automatically the punishment
selection if no election is filed.
- This Court will announce
the time allotted each side for voir dire prior to the commencement
of jury selection.
- Early in the Court's remarks, the Court
will introduce the parties at which time you will please stand and
make an appropriate greeting, e.g., "good morning" or
"good afternoon," etc.
- The Court expects a
challenge for cause to be made when it is reasonably apparent a
challenge is proper. The State should make its challenges before
passing the panel to the Defense. The Defense should make its
challenges before concluding its voir dire. This Court generally
does not permit individual voir dire and expects challenges to be
made in the same manner as any other objection, i.e., in front of
the panel. The Court will explain this process to the panel. The
Court will also inform prospective jurors that they have the
privilege of answering any question privately if they choose. If
you have a prospective juror who is particularly unruly or
out-of-control, you may approach the bench and request individual
voir dire and the Court will consider the request on a case-by-case
basis. The Court will generally consider a challenge for cause
waived if it is not made prior to the jury panel being finally
excused to the hallway for the exercise of peremptory challenges.
In other words, the challenge must generally be made while the
entire panel is present.
- The Court expects each side to instruct their witnesses that
when being questioned by opposing counsel they will directly answer
the questions asked without elaboration unless opposing counsel asks
- If the Rule has been invoked, instruct
your witnesses accordingly.
- Have your
witnesses in attendance at the court and ready to testify when
- Have your witnesses dress appropriately for
- Do not point firearms, loaded or unloaded, in the direction of
jurors, witnesses, or any other persons in the courtroom.
- If possible, have the court reporter mark exhibits before trial
begins or during breaks.
Post-Trial Communication With Jurors
- Upon discharging a jury, the Court will explain to the jurors
that they may speak with the trial attorneys if they so choose.
Rules of Professional Conduct 3.06(d) forbids a lawyer from making
comments to a juror "calculated merely to harass or embarrass
the juror or to influence his actions in future jury service."
The Court expects nothing less than professional conduct while
talking with discharged jurors. In view of the last clause, the
Court expressly forbids disclosing to the jurors or discussing with
the jurors any information relating to the case that was not
admitted into evidence during the trial.