Circuit Court - Rules of The Circuit Court of the State of New Hampshire -- District Division - Rule 3.36. Standing Trial Orders – Procedures

Circuit Court - Rules of The Circuit Court of the State of New Hampshire -- District Division - Rule 3.36. Standing Trial Orders – Procedures

(a) Addressing the Court. Anyone addressing the court or examining a witness shall stand. The rule may be waived if the person is physically unable to stand or for other good cause. No one should approach the bench to address the court except by leave of the court. (b) Opening Statements and Closing Arguments. Opening statements shall be at the discretion of the Court. Closing arguments shall also be at the discretion of the Court. Before any person shall read any excerpt of testimony from a transcript prepared by the designated court transcriber, he or she shall furnish the opposing party with a copy thereof. (c) Copies of Documents for Court. Counsel shall seasonably furnish for the convenience of the court, as it may require, copies of the specifications, contracts, letters or other papers offered in evidence. (d) Examination of Witnesses. (1) Only one counsel on each side will be permitted to examine a witness. (2) A witness cannot be re-examined by the party calling him or her, after his or her cross-examination, unless by leave of court, except so far as may be necessary to explain his or her answers on his or her cross-examination, and except as to new matter elicited by cross-examination, regarding which the witness has not been examined in chief. (3) After a witness has been dismissed from the stand, the witness cannot be recalled without permission of the court. (4) No person, who has assisted in the preparation of a case, shall act as an interpreter at the trial thereof, if objection is made. (e) Objections. When stating an objection, counsel will state only the basis of the objection (e.g., “leading,” “non-responsive,” or hearsay”), provided, however, that upon counsel’s request, counsel shall be permitted a reasonable opportunity to approach the bench to elaborate and present additional argument or grounds for the objection. (f) Submission of Case. In all trials, the plaintiff shall put in his or her whole case before resting and shall not thereafter, except by permission of the court for good cause shown, be permitted to put in any evidence except such as may be strictly rebutting; and the defendant shall, before resting, put in his or her whole defense, and shall not thereafter introduce any evidence except such as may be in reply to the rebutting evidence.