For opening and closing statements, Judge Leichty allows the use of electronic presentations. Counsel intending to use anything other than a vocal presentation must inform opposing counsel so any objections can be addressed without interruption of the opening. Judge Leichty allows counsel to use admitted exhibits during closing statements.
Judge Leichty expects routine objections to be stated in open court rather than at the bench. Grounds for the objection should be stated concisely and appropriately before the jury, as should any response the court invites. Bench conferences should be reserved for discussion of matters the jury should not hear.
To limit bench conferences, Judge Leichty will 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 or to raise unnecessary matters but may be used to amplify evidentiary arguments.