U.S. DISTRICT COURT FOR WESTERN TENNESSEE

HONORABLE BERNICE B. DONALD

COURTROOM PROTOCOL

1. Be punctual in attendance in court.

   1. Turn cell phones and pages "OFF" before entering the court room.

2. Be certain to have enough witnesses on hand for each day's proceedings.

3. Recesses and lunch breaks will ordinarily occur promptly as scheduled.

   1. Trials are scheduled from 9:00 A.M. to 5:30 P.M.

4. Witnesses, counsel, and parties should be referred to and addressed by their surnames, unless leave to do otherwise is granted. Court personnel should be referred to and addressed by their surnames or titles. The court should be addressed as "Your Honor" or "the Court", not "Judge".

5. Except by leave of the court, all communications to the court should be made from a position beside counsel table or from the lectern.

6. Counsel should rise when making objections or addressing the court.

7. Counsel should not approach opposing counsel, the bench, a witness, the court reporter's table, or the clerk's desk without leave of court. If it becomes necessary for an attorney to confer with the court at the bench, permission should be obtained.

8. Counsel should refrain from making disparaging remarks or displaying ill will toward other counsel, and from causing or encouraging any ill feeling among the litigants.

9. Arrangements with the clerk for the use of chalkboards, view boxes, tripods, or other visual aids should be made sufficiently in advance of the need so that they may be set up while court is not in session.

10. Counsel and litigants are to refrain from making gestures, facial expressions, or audible comments as manifestations of approval or disapproval of testimony or argument.

11. All papers intended for the court or witness should be handed to the clerk or bailiff, who, in turn, will pass them on.

12. Only one attorney for each party may examine or cross examine a witness.

13. Only one attorney for each party may object to the testimony of a witness being questioned by an opposing party. The objection must be made by the attorney who has conducted or is to conduct the examination of the witness.

14. Examination of a witness should be limited to questions addressed to the witness. Counsel are to refrain from making extraneous statements, comments or remarks during examination.

15. Offers or requests for stipulations should be made privately, not within the hearing of the jury.

16. All requests for re-reading of questions or answers should be addressed to the court.

17. Counsel should refrain from putting any matter before the jury in the form of a question which counsel knows or expects will be subject to an objection that is likely to be sustained. Such matters should be taken up with the court outside the presence of the jury.

18. Counsel should not make motions (e.g., motion for a mistrial) in the presence of the jury. Such matters may be raised at the first recess or at sidebar.

19. When making an objection, counsel shall state only the legal basis of the objection (e.g., "leading", or "hearsay"), and should not elaborate, argue, or refer to other evidence unless asked to do so by the court.

20. Questions stating or paraphrasing prior testimony are improper.