Rule 36.Standing Trial Orders -- Procedures

Rule 36 is the courtroom rulebook that applies by default in every trial. It covers basic decorum — standing to address the court or examine a witness, not approaching the bench without leave — and sets time limits: opening statements capped at 30 minutes and non-argumentative, closing arguments capped at an hour per side, unless the court says otherwise. It also requires furnishing opposing counsel a copy before reading trial-transcript excerpts to the jury, and requires seasonably sharing copies of exhibits like contracts and letters for the court's convenience.

A cluster of provisions governs witnesses: only one attorney per side may examine a given witness, redirect examination is limited to explaining cross-examination answers or addressing new matter absent leave of court, a dismissed witness cannot be recalled without permission, and someone who helped prepare the case cannot serve as an interpreter over objection. Special rules apply when an attorney is a witness — the attorney cannot be compelled to testify without written notice, due no later than 30 days after the opposing party discovers the attorney is a witness or 30 days after the attorney's appearance in the case, whichever is later, absent good cause shown — and an attorney who testifies at trial generally cannot also act as advocate there, apart from a few limited exceptions.

The rule also streamlines objections and preserves them without the old formality of "exceptions": stating the basis briefly (with a chance to approach the bench for more argument on request) is enough to preserve the issue, so long as the party gave the court the specific factual or legal basis for its position. It sets the traditional order of proof — plaintiff's whole case before resting, then defendant's whole defense, with only rebuttal evidence allowed afterward — and directs that motions to dismiss, mistrial motions, and offers of proof be made at the bench, out of the jury's hearing.