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Judge Theresa Lazar Springmann: Jury Trial Procedure

Trial dates are firm and motions to reset trial dates are discouraged. If it is necessary to file such a motion, it should be made at the earliest possible date.

Evidentiary disputes are usually taken up at sidebar or outside the jury's presence.

Counsel do not need to ask permission to approach the witness. Counsel need not use the podium. Counsel should stand when questioning witnesses and when addressing the Court. At all times, counsel should refrain from invading the space of the jurors or touching the rail of the jury box.

To make the trial more efficient and to enhance the presentation of the case, use of the courtroom technology is strongly encouraged. For example, it is unnecessary to approach a witness with a document. The courtroom's ELMO system may be used instead. Training for use of the technology is available by contacting the Courtroom Deputy at (260) 423-3051.

All exhibits should be labeled with the case number and identified by number or letter before trial. Copies are to be provided to the Court and to opposing counsel with an exhibit list. Plaintiffs use numbers; defendants use letters. If more than 26 defense exhibits are required, the number sequence could be D-1, D-2, etc., to avoid the AAAA through DDDD method. .

The Courtroom Deputy is the custodian of all exhibits admitted into evidence during trial. Offering counsel may retain any exhibits offered but not admitted.

At the conclusion of trial, exhibits admitted into evidence will be maintained in the Clerk's Office vault. See N.D. Ind. L.R. 79-1 Custody of Files and Exhibits.

If a civil case is resolved by the parties, counsel in the case should immediately file an electronic notice of resolution. Jury costs will be assessed against the parties or counsel, or both, for failure to timely file electronic notice of resolution. The parties should file a stipulated motion for dismissal with prejudice when it is appropriate.