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Judge Leichty: Objections and Bench Conferences

The court expects routine objections to be stated in open court rather than at the bench. Grounds for the objection should be stated briefly, as should any response the court invites. Bench conferences should be reserved for discussion of matters the jury should not hear. The court will cut off “speaking objections” that are directed as much to the jury as to the court.

The court will also inquire of counsel before and after each recess whether there are matters to be addressed outside the jury’s presence. These inquiries are not intended to provide opportunities for untimely motions in limine, but may be used to amplify evidentiary arguments.

When more than one attorney appears for a given party, the attorney who handles an examination of a witness will be the attorney who interposes objections during other examinations of the witness.

The court does not allow colloquy or argument directly between attorneys in open court. All remarks should be addressed to the court.