Miscellaneous Information:  Click a topic below for more information.

Decorum   Difficult Questions   
Interrogatories & Requests for Admissions   Exhibits   Depositions   
Witnesses   Doctors and Other Professional Witnesses
   

Decorum

Colloquy or argument between attorneys is not permitted. Address all remarks to the Court.

In a jury case, if there is an offer of stipulation, first confer with opposing counsel about it.

All requests of the reporter for re-reading of questions or answers shall be addressed to the Court.

Counsel during trial shall not exhibit familiarity with witnesses, jurors or opposing counsel. The use of first names ought to be avoided.

During the argument of opposing counsel, remain seated at the counsel table and be respectful. Never divert the attention of the Court or the jury.

Top of Page   Difficult Questions   
Interrogatories & Requests for Admissions   Exhibits   Depositions   
Witnesses   Doctors and Other Professional Witnesses   
Return to Judge Gilbert
   

Difficult Questions

If you have reason to anticipate that any question of law or evidence is difficult or will likely provoke an argument, give the Court advance notice. The best procedure is prepare a brief or memorandum and submit it to the Court in advance of trial.

Top of Page   Decorum   Interrogatories & Requests for Admissions   Exhibits   Depositions   Witnesses    Doctors and Other Professional Witnesses   Return to Judge Gilbert
      

Interrogatories and Requests for Admissions

Where there has been extensive discovery and counsel expects to offer answers to interrogatories or requests for admissions extracted from several separate documents, a document showing such question and answer or admission shall be prepared with copies for the Court and opposing counsel. This obviates the time-consuming process of thumbing through extensive files to locate the particular item.

Top of Page   Decorum   Difficult Questions   Exhibits   Depositions   
Witnesses    Doctors and Other Professional Witnesses   
Return to Judge Gilbert   
   

Exhibits

Exhibits should be marked in numerical order (1, 2, 3, etc.) and the Clerk shall have custody of all exhibits after their admission.

Whenever possible have photocopies of an exhibit for the Court and opposing counsel.

Each counsel is responsible for any exhibits which he secures from the Clerk. At each noon-time or end-of-the-day adjournment, return all exhibits to the Clerk.

Documents and other exhibits, where practical, shall be tagged and marked as exhibits and shown to opposing counsel before their use in court.

Exhibits not previously marked may be marked for identification in open court by a request that the Clerk so mark them. At the time of making such a request, counsel should briefly described the nature of the exhibit.

Ordinarily, exhibits should be offered in evidence when they become admissible rather than at the end of counsel's case.

When counsel or witnesses refer to an exhibit, mention should also be made of the exhibit number so that the record will be clear.

Where maps, diagrams, pictures, etc., are being used as exhibits, and locations or features on such documents are being pointed out by witnesses or counsel, such locations should be indicated by appropriate markings on the document if not readily apparent from the documents themselves. Unnecessary markings should be avoided. Markings on exhibits should only be made after receiving the Court's permission to do so.

Where several exhibits are contained within an envelope, package or box, mark the container as, for example, exhibit 1 and others as exhibits 1-A, 1-B, etc.

Top of Page   Decorum   Difficult Questions   
Interrogatories & Requests for Admissions   Depositions   Witnesses   
Doctors and Other Professional Witnesses   Return to Judge Gilbert
      

Depositions

All depositions used at the trial shall be marked for identification as exhibits.

Portions of depositions used for impeachment may be read to the jury during the cross-examination with pages and lines indicated for the record before reading.

Top of Page   Decorum   Difficult Questions   
Interrogatories & Requests for Admissions   Exhibits   Witnesses   
Doctors and Other Professional Witnesses   Return to Judge Gilbert
      

Witnesses

Witnesses shall be treated with fairness and consideration; they shall not be shouted at, ridiculed or otherwise abused.

No person shall ever, by facial expression or other conduct, exhibit any opinion concerning any testimony which is being given by a witness. Counsel ought to admonish their clients and witnesses about this common occurrence.

The Court requests that all witnesses be instructed to be suitably attired.

Witnesses not listed or identified on the final witness list submitted to the court will be prohibited from testifying unless leave of court is granted for good cause shown.

Top of Page   Decorum   Difficult Questions   
Interrogatories & Requests for Admissions   Exhibits   Depositions   
Doctors and Other Professional Witnesses   Return to Judge Gilbert
      

Doctors and Other Professional Witnesses

The Court attempts to cooperate with doctors and other professional witnesses and will, except in extraordinary circumstances, accommodate them by permitting them to be put on out of sequence. Anticipate any such possibility and discuss it with opposing counsel. If there is an objection, confer with the Court in advance.

Top of Page   Decorum   Difficult Questions   
Interrogatories & Requests for Admissions   Exhibits   Depositions   
Witnesses   Return to Judge Gilbert