TRIALS

U.S. Bankruptcy Court for the Eastern District of North Carolina

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Eastern District of North Carolina

Rule: 7016-2

Jurisdiction: EDNCB

Bluebook Citation: Bankr. E.D.N.C. R. 7016-2

All Rules: Bankr. E.D.N.C. Local Bankruptcy Rules, complete index


Text

(a) the substance of the claim, counterclaim, cross claim or defense; and what counsel contends the evidence will show.

OPENING STATEMENTS.

At the beginning of the trial, each party (beginning with the party having the burden of proof on the first issue) may, without argument and in such reasonable time as the court allows, state to the court the following: (1) (2) Parties not having the burden of proof on the first issue may elect to make an opening statement immediately prior to presenting evidence, rather than at the beginning of the trial. (b) WITNESSES. Counsel may not release a person from a subpoena without notice to opposing counsel and leave of court. A party objecting to the release of a person shall bear all costs incident to the person that arise subsequent to the request for release.

The court, in its discretion and in the interest of justice, may permit a party to call and examine a witness not listed in the final pretrial order.

EXHIBITS.

(1) (c) All exhibits shall be pre-marked with stickers with sequential numbers as listed in the pretrial order. Copies of all exhibits, properly bound, shall be provided to the court at the beginning of the trial. The original exhibit shall bear a sticker. After receipt into evidence, it shall remain in the custody of the courtroom deputy except when being used by a witness.

Copies of all exhibits shall bear the photocopy of the sticker or a typed or printed reproduction thereof. Upon presentation of an exhibit to a witness, counsel shall announce to the court the exhibit number. (2) (3) (4) (5) (d) CLOSING ARGUMENT. The court will set the times for closing argument after consultation with parties.

Unless otherwise ordered by the court, the party with the burden of proof shall open and close the arguments.

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