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TRIAL JUDGES SHOULD SET REASONABLE OVERALL TIME LIMITS FOR EACH PARTY AT TRIAL. TO SET TIME LIMITS, THE COURT SHOULD CONSIDER AMONG OTHER FACTORS:
- THE NUMBER OF WITNESSES;
- THE NUMBER AND COMPLEXITY OF ISSUES;
- THE RESPECTIVE EVIDENTIARY BURDENS OF THE PARTIES;
- THE NATURE OF EVIDENCE TO BE PRESENTED;
- THE FEASIBILITY OF SHORTENING TRIAL BY STIPULATIONS; AND
- PRE-ADMITTING EXHIBITS.
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Time Limits
for Trials
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As long as fairness and justice are not compromised, all participants in the legal system benefit from trials that are conducted as quickly and efficiently as possible. Therefore it is appropriate for judges to try to manage the time for trial to maximize efficiency while ensuring fairness.
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Procedures
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In order to set time limits that are reasonable, the court should discuss with counsel a variety of factors that affect the length of the trial. The court then should assign a total number of hours to each party to be used by that party for opening statements, direct examination of witnesses, cross examination, and closing arguments.
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Improving Juror Comprehension
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The purpose of time limits is to encourage counsel to present their case in the most effective and efficient way, not to micro-manage the parties’ presentations. A better prepared presentation will improve juror comprehension and satisfaction.
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References:
G. Thomas Munsterman, et al., Jury Trial Innovations, 91-94 (3rd ed. 1997).
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