Rule 10.1 - Conduct in Court(a) Opening Court. When the court is about to convene, appropriate court personnel shall, by a rap of the gavel, command attention and announce the approach of the judge. Everyone in the courtroom shall promptly and quietly rise and remain standing until appropriate court personnel, by proclamation, convenes the court and the judge is seated. Upon the close of the session, as announced by the judge, appropriate court personnel shall by a rap of the gavel command attention. Everyone in the courtroom shall promptly and quietly rise and remain standing until the judge has retired from the courtroom. (b) Decorum.(1) Anyone entering the courtroom while court is in session shall immediately be seated. Everyone shall behave in a quiet and orderly manner. No person may enter or leave the courtroom while the court is charging the jury, except in an emergency. (2) Counsel shall stand while addressing the court, except when stating an objection. All statements and communications by counsel to the court must be clearly and audibly made from the counsel table. While the court is in session, counsel may not approach the bench for conversation without permission of the court. (3) To the extent practicable, the examination of a witness must be conducted from the counsel table. Only one counsel for a party may examine any witness without permission of the court. (4) Whenever practical and appropriate, a judge must be robed while presiding over the trial of a case. (5) During a court appearance, counsel or a court official shall refrain from wearing clothing suited primarily for sports or leisure time activities. (c) Assignment of Cases.(1) Counsel shall observe the assignment of cases, and keep advised of the progress of business of the court, so as to be ready when a case is reached. (2) No arrangement as to time or order of trial will be recognized unless approved by the court. (d)Limitation on Electronic Recording. No camera, sound or video recorder, or other device may be used to photograph, record, broadcast, store, or transmit a proceeding of the court without prior permission from the court. Unless the court permits otherwise, any electronic device in the courtroom must be turned off or muted, and any authorized use of a device must be as minimally disruptive as possible. A juror may not possess any wireless communication device during deliberations. (e) Arguments of Counsel.(1) One Counsel Per Party. Unless otherwise permitted by the court, only one counsel appearing for a party may be allowed to argue any question to the court or jury. (2) Unless otherwise permitted by the court, each party is limited to one hour of argument. Joint Procedure Committee Minutes of September 28-29, 2006, pages 11-12; January 27-28, 2000, pages 17-18; June 21, 1984, pages 5-6.
Rule 10.1 was amended, effective 3/1/2001;3/1/2008;3/1/2015. Subdivision (d) was amended, effective3/1/2008, to prohibit juror possession of wireless devices during deliberation.Subdivision (d) was amended, effective 3/1/2015 to update the rule's prohibition on the use of electronic devices to photograph or record court proceedings, absent prior permission from the court. N.D. Sup. Ct. Admin. R. 21 (Electronic and Photographic Coverage of Court Proceedings);N.D.R.Crim.P. 53 (Regulation of Conduct in the Courtroom).