Rule 24 - Trial Procedure (a)Circuit Court - District Division (1)Opening Statements. Opening statements are not permitted in circuit court - district division trials except with permission of the court for good cause shown. When opening statements are permitted, the prosecution shall make an opening statement prior to presenting evidence. At its option in such a case, the defense may open immediately thereafter or after the prosecution has concluded its case-in-chief and before presenting defense evidence. Opening statements shall not be argumentative, and except by prior leave of the court, shall be no longer than thirty minutes. (2)Order of Evidence. The prosecution shall present evidence first in its case-in-chief. During the case-in-chief, the defense may introduce evidence through the prosecution's witnesses. After the prosecution has rested, the defense may present evidence. (3)Rebuttal Evidence. Evidence that is strictly rebutting may be permitted at the discretion of the court upon good cause shown. (4) Attorneys Examining. Only one attorney for each party is permitted to examine or cross-examine each witness. (5)Objections; Offers of Proof. When objecting or responding to an objection, counsel shall state the basis for the objection or response. Upon request, the court shall permit counsel to present offers of proof in support of the objection or response. Only the attorney examining or cross-examining a witness may raise objections or respond to objections regarding that witness. (6)Re-Examining and Recalling Witnesses. Redirect examination shall be limited to topics covered on cross-examination except for good cause shown. Prior to being dismissed, a witness is subject to recall by either party. After being dismissed, a witness may be recalled with the court's permission. (7)Testimony of Witnesses. In all proceedings, the testimony of witnesses shall be given, by oath or affirmation, orally in open court, unless otherwise provided by law. (8)Closing Argument (A) Only one attorney shall argue for each party, except by leave of the court. (B) After the close of evidence, the defense shall argue first and the prosecution shall argue last. In cases in which the defense of insanity has been raised and the case has been bifurcated for trial, the defense shall have the right to argue last on the issue of insanity. (C) Before any attorney shall in closing argument read any excerpt of testimony prepared by the court reporter, the attorney shall furnish opposing counsel with a copy thereof prepared by the reporter. (9)Jury Instructions . (A) At such time as the court may reasonably permit, any party may request specific jury instructions.(B) The court shall inform counsel of its intended jury instructions prior to counsel's closing arguments. All objections to the charge shall be taken on the record before the jury retires. Opportunity shall be given to make objections outside of the hearing of the jury. (10)Reopening Evidence. Prior to submission of the case to the court, a party may reopen evidence for good cause shown. After submission of the case, but before the return of a verdict, a party may reopen evidence after showing good cause, in the discretion of the court. (b)Superior Court (1)Opening Statements. Prior to presenting evidence, the prosecution shall make an opening statement. At its option, the defense may make an opening statement. The defense may open immediately after the prosecution's opening statement or after the prosecution has concluded its case-in-chief and before presenting defense evidence. Opening statements shall not be argumentative, and except by prior leave of the court, shall be no longer than thirty minutes. (2)Order of Evidence. The prosecution shall present evidence first in its case-in-chief. During the case-in-chief, the defense may introduce evidence through the prosecution's witnesses. After the prosecution has rested, the defense may present evidence. (3)Rebuttal Evidence. Evidence that is strictly rebutting may be permitted at the discretion of the court upon good cause shown. (4)Attorneys Examining. Only one attorney for each party is permitted to examine or cross-examine each witness. (5) Objections; Offers of Proof. When objecting or responding to an objection before the jury, counsel shall state only the basis, without elaboration, for the objection or response. Upon request, the court shall permit counsel a reasonable opportunity, on the record and outside the hearing of the jury, to present additional grounds, argument, or offers of proof in support of the objection or response. Only the attorney examining or cross-examining a witness may raise objections or respond to objections regarding that witness. (6)Re-Examining and Recalling Witnesses. Redirect examination shall be limited to topics covered on cross-examination except for good cause shown. Prior to being dismissed, a witness is subject to recall by either party. After being dismissed, a witness may be recalled with the court's permission. (7)Testimony of Witnesses. IIn all proceedings, the testimony of witnesses shall be given, by oath or affirmation, orally in open court, unless otherwise provided by law. (8)Closing Argument (A) Each party shall be limited to one hour of argument unless otherwise ordered by the court in advance. Only one attorney shall argue for each party except by leave of the court. B) After the close of evidence, the defense shall argue first and the prosecution shall argue last. In cases in which the defense of insanity has been raised and the case has been bifurcated for trial, the defense shall have the right to argue last on the issue of insanity. (C) Before any attorney shall in closing argument read to the jury any excerpt of testimony prepared by the court reporter, the attorney shall furnish opposing counsel with a copy thereof prepared by the reporter. (9)Jury Instructions (A) At such time as the court may reasonably permit, any party may request specific jury instructions. (B) The court shall inform counsel of its intended jury instructions prior to counsel's closing arguments. All objections to the charge shall be taken on the record before the jury retires. Opportunity shall be given to make objections outside of the hearing of the jury. (10)Motions to Dismiss; Motions for Mistrial. Motions to dismiss or for a mistrial shall be made on the record outside the hearing of the jury. (11)Reopening Evidence. Prior to submission of the case to the court, a party may reopen evidence for good cause shown. After submission of the case, but before the return of a verdict, a party may reopen evidence after showing good cause, in the discretion of the court. Adopted effective 1/1/2016 in Strafford and Cheshire counties and 7/1/2016 in Belknap County.