Rule 17 - Conduct of a Trial(a) Sequence of presentation. Subject to the orders of the court, which may alter the sequence of presentation of the case when there are numerous parties or for other reasons: (1) The plaintiff (or the prosecuting officer in a criminal case) shall have the right to make an opening statement. The defendant shall also have the right to make an opening statement, either immediately after the plaintiff's or the prosecuting officer's statement or at the beginning of defendant's case. (2) After the opening statement or statements the plaintiff or prosecuting officer shall produce the evidence on his part. (3) The defendant may then open his or her defense and offer his or her evidence in support thereof. (4) The parties may then respectively offer rebutting evidence only. (5) When the presentation of evidence is concluded, unless the case is submitted on either side or both sides without argument, the plaintiff or prosecuting officer shall open the argument; the defendant may then reply; and the plaintiff or prosecuting officer may conclude the argument, and in the conclusion shall confine himself or herself to answering any new matter or arguments presented by the defendant. In the event the defendant has presented an affirmative defense, the court may allow surrebuttal argument but shall confine counsel to answering or otherwise responding to the arguments presented by the plaintiff or prosecuting officer on the issue of the affirmative defense. (b) Address to jury is not instruction upon the law. In his or her address to the jury each party shall be allowed to fully and fairly state his or her theory of the case and the reasons which entitle him to a verdict. He or she shall not assume to instruct the jury upon the law, in such manner as to encroach upon the function of the court to so instruct the jury. (c) Instruction to the jury. The court shall instruct the jury in accordance with the provisions of the Hawai'i Rules of Civil Procedure and the Hawai'i Rules of Penal Procedure. (d) Presence of counsel at verdict. Unless excused by the court, counsel for all parties shall be present upon receiving the verdict of a jury. (e) Limitations on number of counsel. Except by leave of court: (1) Only one counsel for each party shall examine and cross-examine the same witness or be heard on any question. (2) No more than two counsel shall appear for any party on the trial. (f) Sequence for challenging of jurors. In the challenging of jurors, the following order and sequence shall be observed: the plaintiff, in civil actions, and the State in criminal cases, shall first challenge for cause, after which the defendant shall challenge for cause. After the challenges for cause, if any, have been determined, the State or plaintiff (as the case may be), and the defendant, shall alternately state their peremptory challenges, if any, the State or plaintiff beginning, and the defendant ending. In case there are more than two parties in any case, the order of precedence of their challenges, if not agreed upon by them, shall be determined by the court. Amended May 15, 1972, effective 7/1/1972; further amended July 12, 1993, effective 8/26/1993; further amended March 24, 2000, effective 7/1/2000; further amended May 5, 2000, effective 7/1/2000.