RULE NO. 9 TRIALS (CIVIL) * I. Note for Trial Setting A. Any party desiring to bring any issue of fact to trial shall file with the County Clerk with copy to the Court Administrator and serve upon the other parties a "Note for Trial Setting" in the form prescribed in Exemplar 5. B. If no response to the Note for Trial Setting is received by the Court Administrator within ten days from the receipt of the moving party's request the Court Administrator will schedule the trial and notify all parties of the trial date. 1. The "Note for Trial Setting" will contain a list of the names, addresses and telephone numbers of all persons entitled to notice. All parties have the obligation to inform the Court Administrator promptly of any errors in the list. C. Each party is allowed one request for a change of date after set without hearing, if the request is made within ten judicial days after trial date has been set by the Court Administrator. Within ten days after such objection, the Court Administrator will set another date and send notice of the new date. Additional changes may be allowed for good cause shown upon motion to the Court. *Sections IV,V,VI,VII,VIII and IX of this Rule also apply to Criminal Trials II. Certificate of Readiness A. If the case is a contested civil action, the party filing a Note for Trial Setting/ Certificate of Readiness must, at that time, submit a statement by counsel with due proof of service showing: 1. That the issue has actually been joined, no affirmative pleading remains unanswered and all pleadings are on file; and, 2. That the parties have completed all necessary oral and physical examinations and discovery proceedings or have had or will have opportunity to do so prior to trial. III. Trial Briefs A. Trial briefs shall be filed and served three days or more before trial; the original to be filed, one copy to the Judge and one copy served on opposing counsel. IV. Jury Instructions A. As provided by CR 51, counsel are requested by the Court to prepare and deliver to the Court and opposing counsel on the day on which the case is set for trial, the required number of copies of proposed instructions. "Washington Pattern Jury Instructions" are recommended for use whenever possible. Counsel are requested to prepare instructions as follows: 1. One copy which shall be assembled into a set and numbered shall be filed with the Clerk; 2. One copy which shall be assembled and numbered shall be served on opposing counsel; 3. One copy which shall be assembled and numbered shall be retained by the counsel preparing them; 4. One copy which shall be assembled and numbered shall be delivered to the Judge; this copy may contain citations listed on each instruction but if citations are contained thereon said citation shall be furnished to the opposing counsel; and, 5. The original without citations and numbers shall be delivered to the Judge. V. Voir Dire A. The Trial Judge may examine the jury touching their qualifications to act as fair and impartial jurors in the case before the Court, provided that, thereafter, the Trial Judge shall give leave to respective counsel to ask the jurors such supplementary questions as may be deemed by the Trial Judge proper and necessary. The voir dire examination of prospective jurors shall, as nearly as possible, be limited to those matters having a reasonably direct bearing on prejudice or qualifications and shall not be used by opposing counsel as a means of arguing or trying their case on voir dire. VI. Peremptory Challenges A. In trial by jury cases, peremptory challenges shall be exercised secretly without disclosing the juror being challenged. The plaintiff first and then defendant alternately shall mark and initial such challenge upon a sheet furnished for that purpose by the bailiff who shall then exhibit such challenge to the opposite party, the Clerk and the Court with no disclosure to the jury as to the challenging party. A questionnaire prepared by each juror will have been submitted to counsel. It is improper for counsel to go over the details furnished in this questionnaire consuming unnecessary time of the Court. VII. Excusing Witnesses A. A witness subpoenaed to attend in any case criminal or civil is dismissed and excused from further attendance as soon as he/she has given his/her testimony in chief for the party in whose instance he/she was called and has been cross-examined thereon, unless either party makes request in open Court that the witness may remain in attendance. Witness fees will not be allowed any witness after the day on which his/her testimony is given except when the witness has, in open Court, been required to remain in further attendance and, when so required, the Clerk shall note that fact in the record. If the adverse party requests a witness to remain in attendance he/she shall thereafter be responsible for the cost and expense occasioned thereby. VIII. Notice of Settlement A. It shall be the obligation of counsel in all civil and criminal jury and non-jury cases to notify the Court Administrator when a case is settled or otherwise will not come on for trial as scheduled. Such notice shall be made by telephone to the Court Administrator's office during regular business hours. IX. Verdicts A. A party or attorney desiring to be present at the return of a jury verdict must remain in attendance at the courthouse or be available by telephone. If a party or attorney fails to appear within twenty minutes of telephone notice to the attorney's office, home or other number left by the attorney, the Court may proceed to take the verdict in the absence of such party or attorney. In such case, the jury shall be individually polled and the identity of any dissenting jurors recorded. X. Civil Jury-Cost A. If the trial of the case has been canceled because of a settlement or will not be tried for any reason or will be tried without a jury and notification to the Clerk of the Court and Court Administrator occurs after a jury has been notified to report and less than one full judicial day prior to the time set for trial, each party may, in the Court's discretion be discharged with an equal share of the per diem cost of one day's service by the number of jurors actually reporting for the trial of said case. The forgoing costs will not be waived except upon a showing of exceptional circumstances which excuse the delay notification, but may, in the discretion of the Court, be charged against either or both parties together with any additional costs reasonably incurred in anticipation of trial including but not limited to travel expenses and loss of earnings of witnesses and the like. (Adopted effective September 1, 1996)
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