La. Admin. Code tit. 41 § II-602
Rule 1. As a traditional mark of respect for the dignity of the military judicial system, as represented by the military judge, all persons in the courtroom, without regard to grade, will rise when the military judge enters or leaves.
Rule 2. The military judge, either at a Section 39(a) session or at the time of assembling the court, should make known any special rules relating to conduct which the accused, counsel, witnesses, members of the court, and others in the courtroom will be expected to follow which are not set forth in the Rules for Courts-Martial, Part II of the Manual for Courts-Martial, United States, these rules, and the Louisiana Code of Military Justice.
Rule 3. Except as otherwise provided by the military judge, all military personnel who participate in the trial, including court members, counsel, the accused, the reporter, the bailiff, guards, and witnesses, shall appear in appropriate service uniform. Unless a court-martial is conducted in the field the uniform shall be Class A. Military witness who are called unexpectedly may be permitted to appear in other than service uniform to avoid undue delay.
Rule 4. The military judge should be attired in a judicial robe during open sessions of the trial of a case with members. In other cases he should appear in appropriate service uniform.
Rule 5. Spectators are encouraged to attend trials and shall be permitted to observe any trial unless otherwise ordered by the trial judge. Spectators may enter and leave the courtroom during open sessions of court, subject to the rules established by the military judge, but they will not be permitted to disturb or interrupt court proceedings by their conduct.
Rule 6. It is improper for a spectator to demonstrate agreement or disagreement with testimony or other events at trial, whether verbally, by facial expressions, shaking or nodding of the head, or by any other conduct. Spectators who violate this rule may be ordered from the courtroom by the military judge. All counsel are responsible for advising their clients, witnesses, and acquaintances of such persons who are in attendance, of the demeanor required of them while the court is in session.
Rule 7. Smoking will not be permitted in the courtroom during open sessions of the court, and may be permitted by the military judge at other times only if smoking is permitted in the room when it is not being utilized as a courtroom. Food and beverages, other than water, will not be permitted in the courtroom, except with the prior express permission of the military judge.
Rule 8. Photographs, sound recordings designed for public release, and radio and television broadcasts shall not be made in or from the courtroom during sessions of the trial except with prior approval of the military judge.
Rule 9. Counsel owes a duty both to his client and to the court. Counsel shall assist the military judge in maintaining throughout the trial a quiet and dignified atmosphere in keeping with the highest traditions of judicial proceedings in the military services. All counsel are responsible for knowing and observing the proper relationship and decorum that must exist between themselves and the military judge.
Rule 10. Unless otherwise authorized or directed by the military judge, counsel shall stand when addressing the military judge or court members.
Rule 11. While the accused is present or the court is in session, counsel should refrain from any familiarity among themselves or with the military judge, members of the court or witnesses. Direct colloquy, argument or hostility between counsel serves no proper purpose in the trial and shall not be permitted.
Rule 12. Counsel should conduct the questioning of witnesses and arguments to the court at a reasonable distance from the witness or court. At the discretion of the military judge, counsel may be required to question witnesses and present arguments from a lectern, the counsel table, or other prescribed place. Except to present an exhibit, counsel should not approach a witness without asking permission of the military judge; nor should he position himself so as to block the view between witnesses and the other participants in the trial.
Rule 13. During argument of counsel, opposing counsel shall remain seated at the counsel table. Counsel shall not walk about, talk to others, or otherwise conduct himself so as to divert the attention of the court or any member.
Rule 14. Except with the permission of the military judge, only one counsel for each side (or, if there are multiple accused, one counsel for each accused) may examine any one witness or address the court on any particular issue or motion.
Rule 15. When counsel initially enters an objection, he shall state only the objection and the basis for it. Before proceeding to argue an objection, counsel will request permission of the military judge and ascertain whether argument will be entertained in open or in an out-of-court session. Although argument identifying legal issues and presenting authorities is ordinarily appropriate, an objection or argument for the purpose of making a speech, recapitulating testimony, or attempting to guide a witness is prohibited.
Rule 16. After the military judge has announced his decision on an objection, counsel shall not make further comment or argument except with the express permission of the military judge.
Rule 17. All requests for rereading of questions or answers shall be addressed to the military judge.
Rule 18. The military judge may initiate the voir dire examination by referring to the charge against the accused and putting to the members' questions touching upon their qualifications, including impartiality, to serve as members of the court. The military judge shall permit such additional questions, oral or written, as he deems reasonable and proper.
Rule 19. Counsel shall confine their opening statements to what they expect the evidence to prove. Counsel will not use the opening statement to argue the case or to instruct as to the law.
Rule 20. In closing argument, counsel may make reasonable comment on the evidence and may draw such inferences from the evidence as will support his theory of the case, but he shall not assert his personal belief in the justice of his cause or in the guilt or innocence of the accused; nor may he personally vouch for the credibility or lack of credibility of witnesses.
Rule 21. All witnesses will be treated with fairness and consideration; they will not be unnecessarily crowded, shouted at, ridiculed, humiliated, or otherwise abused.
Rule 22. A military witness should not salute the military judge or the president of the court. In a trial by members, the accused will salute and report to the president when he stands to receive the findings or sentence. Counsel should insure that witnesses they present understand the physical setup of the courtroom, where they should go, and what they should do.
Rule 23. The court will cooperate with commanders, senior staff officers, doctors and other professional witnesses and may accommodate them by permitting them to appear and testify out of order. Counsel should discuss such arrangements in advance with opposing counsel and the military judge.
Rule 24. Each counsel should make arrangements before each session to insure that his witnesses will be immediately available when called.
Rule 25. Exhibits intended to be used or introduced at trial should be marked "For Identification" prior to trial. Prosecution exhibits will be marked consecutively with Arabic numerals and defense exhibits with capital letters. When referring to an exhibit while questioning a witness or addressing the court, counsel shall specify the exhibit number or letter.
Rule 26. Counsel tendering an exhibit shall have sufficient copies made for the military judge and all opposing counsel. Proposed prosecution exhibits should be shown to the defense counsel before trial. Defense counsel may do likewise, but are not required to do so.
Rule 27. If an item of evidence cannot be included in the record of trial for any reason, counsel offering it should arrange to have a suitable substitute provided. Such a substitute shall include an accurate and detailed description, either pictorially or written, as to the exhibit's size, shape, weight, substance, color, and other relevant physical characteristics.
Rule 28. If a copy of a document is to be substituted in the record of trial for a document that was offered into evidence, only a permanent type copy may be used.
Rule 29. A bailiff should be present at every trial to announce the opening and closing of the court, to obtain witnesses as they are called to testify, to ask everyone to rise when the military judge enters or leaves the courtroom, and to take care of administrative errands during the trial. The trial counsel is responsible for briefing the bailiff as to his duties. If a bailiff is not present, the trial counsel or an assistant will perform the bailiff's duties.
Rule 30. Unless otherwise directed by the military judge, guards, if necessary, shall not be permitted inside the bar of the courtroom.
Rule 31. Each military judge should maintain his calendar in a manner which will make efficient use of available time and provide for expeditious scheduling of trials when requested by the commands which he services.
Rule 32. When a number of uncontested cases are pending in a single area, such cases should be consolidated for trial at a continuous session of the court.
Rule 33. When a military judge is named to a case, the trial counsel will advise the military judge of the general nature of the charges. As preparation for the trial continues, he will keep the judge informed of the estimated duration of the trial, whether it will be by judge alone, and whether it will be contested. Counsel for both sides shall prepare for trial as expeditiously as possible and will arrange with the military judge for a firm trial date. Alternatively, in areas where the caseload justifies doing so, the military judge may schedule periodic pretrial sessions to conduct arraignments, enter pleas, hear motions, and set dates for future hearings and trials.
Rule 34. Counsel shall be prepared to dispose of all motions at one LCMJ Article 39(a) session. As soon as practicable after being detailed to serve, a defense counsel who wishes to present motions or other pleadings will prepare and furnish to the trial counsel, copy to the military judge, a Motions and Hearings Checklist, in substantially the form shown at the end of these rules, accompanied by the motions or other pleadings presented. He will indicate thereon those issues he wishes to litigate at a LCMJ Article 39(a) session, specifying whether the hearing will involve argument only, or also presentation of evidence. As soon as counsels have determined that a preliminary hearing is necessary, they will arrange a hearing date with the military judge. Motions or other pleadings which are required to be considered at a preliminary hearing which are not presented in accordance with this rule will not be entertained at a preliminary hearing or during trial except for good cause shown and with permission of the military judge. If the convening authority can provide the relief sought by counsel, thus making a preliminary hearing unnecessary, a timely application therefore should be made to him. Only those matters which are contested by the parties or which are not fully satisfied by the trial counsel or convening authority will be scheduled for preliminary hearing.
Rule 35. If defense counsel anticipates moving for dismissal of any charge on the basis that the accused has been denied his right to a speedy trial, counsel for both sides should endeavor, prior to trial, to enter into and prepare a stipulation of fact as to the chronology of events. In any case in which trial counsel anticipates that defense counsel may raise an issue of denial of speedy trial, trial counsel shall prepare a chronology of events in the case, even if defense counsel is not willing to stipulate to such facts. In such case, trial counsel should also be prepared to present evidence to prove the pre-trial events. If a motion or other issue involves only a dispute between the parties as to an issue of law or ultimate question of fact, and not as to the underlying facts, counsel should endeavor to enter into and prepare, prior to trial, a stipulation of fact or a stipulation of expected testimony covering those matters. Counsel may enter into such a stipulation for the limited purpose of obtaining a ruling on a motion or other pleading.
Rule 36. In a trial with members, if either counsel desires any specialized instructions, including any summarization of the evidence or any instructions not contained in appropriate service publications (for example, as are contained in the Military Judge's Benchbook, DA Pam 27-9), he should submit such instructions to the military judge in writing prior to commencement of the Section 39(a) instructions conference. If either counsel desires a modification of a standard instruction from appropriate service publications, he should also submit his proposed modification in writing prior to commencement of the Section 39(a) instructions conference.
Rule 37. The military judge may enter special findings even though not requested to do so by counsel for either side. Such findings should not merely repeat what is available elsewhere in the record of trial, but should be limited to those special findings of fact and conclusions of law which were made by the military judge as the basis for his general findings of guilt or innocence or his disposition of important motions. If counsel for either side desires special findings, he should not only make a request therefore, but he should also submit proposed special findings to the military judge in writing, including when appropriate citations of legal authority.
La. Admin. Code tit. 41, § II-602