N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 12
Except for some unusual reason connected with the business of the court, attorneys will not be sent for when their cases are called in their regular order.
Counsel are at all times to conduct themselves with dignity and propriety. All statements and communications to the court other than objections and exceptions shall be clearly and audibly made from a standing position behind the counsel table. Counsel shall not approach the bench except upon the permission or request of the court.
The examination of witnesses and jurors shall be conducted from a sitting position behind the counsel table except as otherwise permitted by the court (see S. vs. Bass, 5 N.C. App. 429, 431 (1969)). Counsel shall not approach the witness except for the purpose of presenting, inquiring about, or examining the witness with respect to an exhibit, document, or diagram.
Any directions or instructions to the court reporter are to be made in open court by the presiding judge only, and not by an attorney.
Business attire shall be appropriate dress for counsel while in the courtroom.
All personalities between counsel should be avoided. The personal history or peculiarities of counsel on the opposing side should not be alluded to. Colloquies between counsel should be avoided.
Adverse witnesses and suitors should be treated with fairness and due consideration. Abusive language or offensive personal references are prohibited.
The conduct of the lawyers before the court and with other lawyers should be characterized by candor and fairness. Counsel shall not knowingly misinterpret the contents of a paper, the testimony of a witness, the language or argument of opposite counsel or the language of a decision or other authority; nor shall he offer evidence which he knows to be inadmissible. In an argument addressed to the court, remarks or statements should not be interjected to influence the jury or spectators. (See Rule 22, Canons of Ethics and Rules of Professional Conduct, N.C. State Bar, G.S. 4A p. 273.)
Suggestions of counsel looking to the comfort or convenience of jurors should be made to the court out of the jury's hearing. Before, and during trial, a lawyer should attempt to avoid communicating with jurors, even as to matters foreign to the cause.
Counsel should yield gracefully to rulings of the court and avoid detrimental remarks both in court and out. He should at all times promote respect for the court. (See Rule 1, Canons of Ethics and Rules of Professional Conduct, N.C. State Bar, G.S. 4A p. 269.)
N.c. R. Prac. Sup. & Dist. Ct. Civ. P. 12
Amended September 12, 2022, effective 10/3/2022; amended June 18, 2024, effective 6/18/2024.
In the order adopting Rule 12, 276 N.C. 735, the reference to State v. Bass is set off by brackets. In this codification, those brackets have been replaced by parentheses so that the reference is not mistakenly interpreted as an alteration by the editor.
References in the General Rules of Practice to statutes, other rule sets, and caselaw have not been updated in this codification.