§ Rule 46. Conduct of Trials
Rule 46. Conduct of Trials
(a) Statement of Case. Before the introduction of any evidence, the plaintiff shall state briefly the claim for relief and the issues to be tried. The defendant shall then state the defense or counterclaim.
(b) Introduction of Evidence. Unless otherwise ordered by the court, which may regulate the order of proof in the exercise of sound discretion, the plaintiff shall then introduce evidence, and when the plaintiff has concluded the defendant shall do the same.
(c) Rebutting Evidence. The parties may then respectively introduce rebutting evidence only, unless the court, for good reason and in the furtherance of justice, permits them to introduce other evidence.
(d) Examination of Witnesses. Unless otherwise ordered by the court no more than one attorney on each side may examine or cross-examine a witness.
(e) Attorney as Witness. If counsel for either party is a witness on behalf of that counsel's client and gives evidence on the merits of the case, that counsel shall not argue the case to the jury unless by permission of the court.
(f) Exceptions Unnecessary. Formal exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which the party desires the court to take or the party's objection to the action of the court and the grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice the party.
(g) Argument of Counsel. When the evidence is concluded, and unless the case is submitted to the jury by mutual agreement of both sides without argument, the plaintiff shall open with the plaintiff's argument; the defendant shall follow with the defendant's argument and the plaintiff may conclude the argument. Not more than two counsel shall be allowed to address the jury on behalf of either party, unless otherwise allowed by the court. If the plaintiff waives the opening argument and the defendant then argues the case to the jury, the plaintiff shall not be permitted to reply to the defendant's argument.
(h) Time for Opening Statements and Argument. The court may fix the time allowed each party for opening statements and final argument. The parties shall be given adequate time for argument having due regard to the complexity of the case and may make separate time allowances for co-parties whose interests are adverse.
(i) Regulation of Conduct in the Courtroom. The taking of photographs in the courtroom during the progress of judicial proceedings, or radio or television broadcasting of judicial proceedings from the courtroom shall not be permitted except in accordance with Administrative Rule 50.