OFFICIAL COURT RULES OF COMANCHE COUNTY DISTRICT OCURT

STATE OF OKLAHOMA

RULE NO. 1

COMPLIANCE WITH ALL RULES FOR DISTRICT COURTS OF OKLAHOMA Compliance with all Rules for District Courts of Oklahoma adopted and amended by the Supreme Court shall be mandatory. The Rules of the District Courts of Oklahoma, Title 12 O.S., Ch.2, and Appendix shall guide any matter of practice or procedure not specifically included in the following rules. These Rules for Comanche County are in addition to and supplemental to the Rules of the District Courts.

RULE NO. 2

COSTS AND FEES

All court costs and fees as set forth by the Supreme Court of the State of Oklahoma in its Uniform Fee Schedule shall be strictly enforced. All past practices of non-enforcement or waiver of fees and costs will be discontinued. Fees for services of a court reporter shall be paid in advance in any non-criminal case. This is not a transcript fee and shall be assessed each time a court reporter is requested to make a record, whether in the courtroom or in chambers. Fees for requesting a jury trial are due on the date of the pre-trial conference or in the discretion of the Court. Failure to pay the jury request fee as ordered above shall constitute a waiver of jury trial by all parties, and the case shall be docketed for non-jury trial.

RULE NO. 3

COURT FILES: A. Court files may be removed from the Court Clerk’s Office by the following persons: judges, the Court Clerk or deputy court clerks, bailiffs, court reporters, attorneys and any person holding a certificate of authority or License pursuant to the Oklahoma Abstractors Law. Upon removal of a file from the Court Clerk’s office an “out card”, to be provided by the clerk, shall be filled out providing the court file number, date removed, name, address and telephone number of the person removing the file, and the bar number, if appropriate. B. The out card shall be deemed to be a written receipt for the file and shall be kept in the filing cabinet in the same location where the Court file is normally stored until the file is returned at which time the out card shall be removed and the information on the card obliterated by striking through. C. Persons removing Court files are urged to return them promptly at the conclusion of the need for their removal remembering that abstractors and others often have need to examine Court files and the files also serve as repositories for filings in the various cases.

RULE NO. 4

COPIES OF MOTIONS AND PLEADINGS At the time of filing any civil action, at least one copy of the petition and exhibits, if any, shall be deposited with the Court Clerk. In the event a party to the suit requests the Court Clerk to furnish him a copy of the petition, including exhibits, the clerk shall request counsel filing the same to furnish such copy within a specified time and upon failure to furnish the same within the time specified, the clerk may prepare and furnish the same and tax the costs to the party failing to furnish said copy. Attorneys filing motions, demurrers or pleadings subsequent to the petition shall deliver or mail copies thereof to opposing counsel of record on the same day and a statement as to such delivery or mailing shall be noted on the original instrument filed.

RULE NO. 5

REASSIGNMENT AND CONSOLIDATION OF CASES INVOLVING IDENTICAL ISSUES Whenever two or more civil cases involving identical issues and involving one or more parties common to all cases are pending, the Judge to which the lowest numbered case is assigned may consolidate and reassign all such cases to that assigned Judge. Cases will be consolidated to the lowest case number. A copy of the order of consolidation shall be filed in each case affected by the consolidation. Whenever two or more criminal cases, including applications to accelerate or to revoke, are pending against the same individual, the cases may be assigned to the Judge with the lowest numbered case for disposition.

RULE NO. 6

REFILING OF CASES

A. When either a civil or criminal case is terminated other than on its merits

and the same cause of action is thereafter refiled, the case shall be returned to the judge to whom it was originally assigned or the Judge’s successor, without regard to its case number or the Judge assigned randomly upon refiling.

1. Where a criminal case has been dismissed by order of the assigned

Judge under the provisions of 22 O.S. Section 815, after the Judge has sustained a motion to suppress and dismissed the case on motion of the District Attorney for the reason the State has no more evidence to present and in the event the case is refiled by the District Attorney, then the case shall be assigned to the Judge who previously was assigned the case.

B. The procedure for transferring such case is as follows: The party filing the case shall immediately bring it to the attention of the newly assigned Judge who shall execute a transfer order transferring the case to the previously assigned Judge. C. Any party to the case or their attorney who has knowledge that the case should be reassigned and fails to act in accordance with this rule may be sanctioned by the Court for violation of Court Rules. D. It should be noted that it is the cause of action rather than the identity of the parties that is determinative of whether or not the case comes within the scope of this rule and should be reassigned.

RULE NO. 7

MOTIONS AND DEMURRERS TO BE FILED All motions, other than motions to quash and those questioning the jurisdiction of the court, shall be combined in one motion or filed simultaneously and, in either event, all shall be presented at the same hearing. All grounds of demurrer, both special and general, shall be combined in one demurrer or filed simultaneously and, in either event, shall be presented at the same hearing. If pleadings pursuant to motion are ordered amended so as to materially affect a general or special demurrer then pending, hearing on the demurrer may be passed by the Court until the ordered amendment has been filed.

RULE NO. 8 MOTION DOCKETS A. The court clerk shall furnish and keep a motion docket as directed by each Judge. The clerk shall enter it upon the motion docket of the assigned Judge, not less than twenty-three (23) days from the date the motion is presented for setting. The Court may set a motion specially. The court Clerk shall mail copies of the Docket to the appropriate parties. B. The presenting party shall be responsible for notifying all other parties or counsel of record of the hearing date. It is not appropriate to mail motions to the Court Clerk’s office and request a hearing date or ask the Court Clerk to obtain the signature of the assigned judge. C. If a motion is not presented for hearing when called, the Court may in its discretion dismiss, continue or rule upon it. Motions not contested may be disposed of by announcement, without necessity of all counsel appearing. Counsel shall be responsible for notifying the Court if the motion will not be presented. If any matter or cause is submitted to the Court and taken under advisement, the Judge shall notify counsel of the decision reached. D. When a motion is ruled on, counsel for the prevailing party shall within ten (10) days thereafter prepare a journal entry of the ruling and present it to counsel for the adverse parties, and if it be approved by all the attorneys, it shall be presented to the Court for signature. If counsel are unable to agree upon the form of journal entry, the matter shall be set at the heal of the regularly scheduled motion docket of the assigned Judge, or such other time as the assigned Judge shall direct. *** If the Court finds that a party has unreasonably refused to agree upon the form of the journal entry, costs and attorney fees may be assessed.

RULE NO. 9

INSPECTION OF PROPERTY Upon motion of any party showing good cause therefore and upon notice to all other parties and to the person in possession or control of the property involved, the Court may order a person, whether or not a party to the action, to produce and permit the inspection and photographing of any tangible things, not privileged, or to permit entry upon designated land in his possession or control for the purpose of inspecting, measuring surveying or photographing it or any designated object or operation thereon where such tangible thing or designated land may constitute or contain evidence which is relevant to the subject matter involved in the pending action. The order is relevant to the subject matter involved in the pending action. The order shall specify the time, place and manner of making the inspection and performing the other acts and may prescribe such terms and conditions as are just. Adverse parties have a right to be present at such inspection.

RULE NO. 10

PRE-TRIAL CONFERENCES A. Pre-Trial Conferences is civil cases shall be held as required by Rule 5 of Rules For District Courts. B. Pre-Trial Conferences in criminal cases shall be conducted in accordance with the particular requirements of the assigned judge. C. Parties and witnesses may not attend pre-trial conferences except by permission of the Judge.

RULE NO. 11

DEFAULT JUDGMENT: A. Judgment in a case, (except family and domestic cases) in which service has been made, but in which there has been no appearance, may be taken at any time after the answer date before the assigned Judge. Proof of service shall be provided to the assigned Judge at the time the journal entry of default judgment is presented for signature. Only licensed attorneys shall present in person such journal entries. B. If the assigned Judge is absent at the time fixed in the notice to take default judgment, the matter shall stand continued to the next motion day of the Court over which said Judge presided, or it may be heard or continued by another Judge in the absence or inability of the assigned Judge to hear it.

RULE NO. 12

NOTIFICATION OF DISMISSAL, SETTLEMENT, OR CONTINUANCE Counsel or parties shall notify the assigned judge of all dismissals, partial dismissals, continuances and settlements as soon as practical, but not later than the date of any scheduled proceedings, including trial, pre-trial conference, resolution conference, and motion docket.

RULE NO. 13

JOURNAL ENTRIES, ORDERS AND DECREES Every order pertaining to an assigned case is to be presented to the Judge to whom the case is assigned. Every journal entry, order, decree or other judgment shall contain the full style of the case naming all parties. Journal entries, orders and decrees must be prepared and submitted to the Court and filed within twenty (20) days of the verdict or Court’s ruling. When a decree in a domestic case is to be entered by the Court, unless otherwise designated by the Trial Judge, the attorney for the petitioner shall prepare a journal entry and present it to the Judge for signature and to the Court Clerk for filing within twenty (20) days from the date the decree is entered. If counsel are unable to agree upon the form of the journal entry, order, or decree, the matter shall be set at the heal of the regularly scheduled motion docket of the assigned judge, or such other time as the assigned Judge shall direct. If the Court finds that a party or attorney has unreasonably refused to

agree upon the form of a journal entry, order, or decree, costs and attorney fees

may be assessed.

RULE NO 14

DISPOSITION DOCKET: A. All pending civil, family and domestic, and small claims cases that have been on file, and in which no motion or other activity by the parties or their attorneys of record has been entered on the appearance docket during the twelve (12) months immediately prior to the date thereof, shall be entered on the disposition docket. The Court shall hold an annual disposition docket pursuant to Title 20, Chapter 1, Appendix 2, Rule 14. B. The clerk shall give notice in each case by mailing a notice by regular first- class mail to the attorneys of record or pro se parties at their respective addresses as shown on the pleadings and appearance docket. Each notice shall state the number and style of the case, the name of the assigned judge, date and hour of the disposition docket hearing, and shall be mailed two (2) weeks prior to the date of the disposition docket. Certification of each mailing by the clerk shall be sufficient proof of adequate notice of the disposition docket hearing. C. At the disposition docket hearing the Court shall on its own motion, dismiss without prejudice, each case to which no response is made when the case is called for disposition. Provided, the Court may upon good cause shown allow any case to remain on its docket.

RULE NO. 15

ALTERNATIVE DISPUTE RESOLUTION (ADR): A. It is the policy of the Fifth Judicial District to encourage the use of alternative dispute resolution (ADR) procedures for the early disposition of pending litigation. Such informal procedures can achieve the just, efficient, and economical resolution of controversies while preserving the right to a full trial on demand. B. The Court, on its own motion, or by agreement of the parties, may refer any civil case, including any domestic relations case, or any portion thereof, for mediation. A referral may be made at any time. More than one referral may be made in any case. C. The order of referral to mediation in civil cases, shall be entered by the Court and provided to the parties, on a standard form consistent with the form provided in Title 12 O.S. Sections 1821 et seq.

D. A list of mediators is available from the Court Clerk’s office. In order to be placed on the list, an individual shall meet the minimum requirements set forth in Title 12 O.S. Section 1825. The list will include all individuals who provide the following information to the office of the Court Clerk by July 1st or each year:

1. Name 2. Address 3. Telephone Number 4. Profession or occupation (i.e. attorney, retired judge, psychologist, or

teacher) 5. Training and/or experience as a mediator 6. A statement certifying that the individual meets the minimum

requirements set forth in Title 12 O.S. Section 1825 (A)(1) for civil and commercial mediators, and Section 1825 (A)(2) for divorce and family mediators.

E. Individuals failing to provide the requested information to the office of the Court Clerk by July 1st of each year will be removed from the list.

RULE NO. 16

DESIGNATION OF RECORD, COUNTER DESIGNATION OF RECORD, DESIGNATION OF RECORD BY STIPULATION: A. Upon filing a designation of record, counter designation of record, or designation of record by stipulation with the Court Clerk, a certified copy shall be served the same day on the court reporter(s) who recorded the proceedings(s) being appealed. B. Transcription of the record will not be commenced by the court reporter(s) until a sufficient deposit is received by the reporter(s) except when the record has been ordered transcribed at public expense. C. No designation of record, amended or supplemental designation of record, however denominated, or counter-designation of record shall be accepted for filing by the Court Clerk of Comanche County unless it contains one of the following:

1. Signed acknowledgments from all court reporter(s) who reported evidence in a case indicating receipt of the request for transcript, the date received, and the amount of deposit received, if applicable. Example: I, _____________, court reporter for the above styled case, do hereby acknowledge this request for transcript on this ____ day of _____, 20____, and have received a deposit in the sum of $_______.__. OR

2. A signed statement by the attorney preparing the designation of record stating that a transcript has not been ordered and a brief explanation why.

Example: I,________, attorney for the appellant, hereby state that I have not ordered a transcript because:

(a) A transcript is not necessary for this appeal. (b) No stenographic reporting was made. (c) The transcript necessary is already on file. (d) Other explanation.

RULE NO. 17

BRIEFS AND MOTIONS: MARGINS, PAGE LIMIT, AND DELIVERY TO ASSIGNED JUDGE A. All briefs shall be typewritten in clear type not less than 12-point, with single spaced lines of quoted matter and double spaced lines of unquoted matter. The margins of the printed page shall be one and one-quarter (1 ¼) inches on the left side and one (1) inch on the other three sides. B. All motions, applications and responses thereto, including briefs, if required by Rule 4 of the Rules for District Courts, shall not exceed twenty (20) pages in length, excluding exhibits, without prior permission of the assigned judge. Reply briefs shall be limited to five (5) pages in length, excluding exhibits. Page limitations herein exclude only the cover, index, appendix, signature line and accompanying information identifying attorneys and parties, and certificate of service. No further briefs shall be filed without prior permission of the assigned Judge. The use of footnotes is discouraged. C. All briefs shall be filed and a copy delivered to the assigned Trial Judge at least five (5) days prior to any hearings. D. Any brief filed in violation of this rule shall not be considered by the assigned Judge and shall be stricken from the record.

RULE NO. 18

DIVORCE, SEPARATE MAINTENANCE AND ANNULMENT CASES; WAIVERS No divorce, separate maintenance or annulment case shall be heard on its merits until the petition shall have been on file for at least tem (10) days if there are no minor children of the parties, or at least ninety (90) days if there are minor children of the parties, except in the case of any emergency duly shown by application setting forth good cause, in the opinion of the trial court, for an earlier hearing. All entries of appearance and waivers must be in writing, duly signed, witnessed or acknowledged and filed not less than one (1) day after the filing of the petition.

RULE NO. 19

DOMESTIC CASE EXHIBITS In the trial of all contested domestic relation matters, including Resolution Conferences, attorneys for each party will prepare exhibits as to the following: Income Living Expenses Debts and payments thereon Property, real and personal including values and debts on same Property owned prior to marriage Inherited property and gifts Requested distribution of property Child support forms Copies of exhibits to be furnished to opposing attorney and to Trial Judge at least two business days prior to trial time. Copies shall not be filed with the Court Clerk.

RULE NO. 20

DOMESTIC RESOLUTION CONFERENCES

All contested domestic relations cases, Dissolution of Marriage, including Motions to Modify and Contempt Citations, must be scheduled for Resolution Conference before the case is scheduled for trial. At least 2 business days prior to the Resolution conference each attorney shall have:

A. Completed discovery;

B. Filed all motions;

C. Completed and exchanged home studies, evaluations, medical or psychological reports (if applicable);

D. Completed joint custody plan (if applicable);

E. Completed and exchanged Rule 19 Exhibits (including child support guidelines, if applicable) and provided them to opposing counsel and the court at least 2 business days prior to the Resolution Conference;

F. Exchanged statements of disputed fact questions;

G. Exchanged listing of all disputed legal issues with appropriate citations;

H. Copies of trial exhibits should not be delivered to the Court, unless opposing counsel agrees;

I. A resolution conference Order in the form Attachment A , shall be filed upon the setting of all Resolution Conferences.

Attorneys and parties shall appear in person and conduct the proceedings in good faith. Failure to appear and/or conduct the proceedings in good faith may result in sanctions, including, but not limited to, payment of attorney’s fees, expenses or other costs which the Court finds are reasonable.

ATTACHMENT A

IN THE DISTRICT COURT OF COMANCHE COUNTY STATE OF OKLAHOMA

) Petitioner, ) VS. ) Case No. FD- ) ) Respondent. ) )

RESOLUTION CONFERENCE ORDER

On this _______ day of _________________________, 20_____, the following: Orders are entered in the above styled case:

1. A Resolution Conference is set for the ______day of _____________________, 20_____, at ___________.m., in Judge __________________________’s office, Comanche County Courthouse, Lawton, OK.

2. Prior to above conference each attorney shall have by not less than two business days:

A. Completed discovery; B. Filed all motions; C. Completed and exchanged home studies and evaluations (if applicable); D. Completed and exchanged medical or psychological reports (if applicable); E. Completed Joint Custody Plan (if applicable); F. Marked all exhibits and exchanged same with opposing counsel; G. Exchanged lists of witnesses with a brief summary of the testimony expected

of each; H. Exchanged written stipulations of each party; I. Completed Financial Declaration, unless waived by the Court; J. Exchanged statements of disputed fact questions; K. Exchanged listing of all disputed legal issues with appropriate citations; L. Provided an estimate of time or try counsel’s side of the case; M. Submitted to opposing counsel your Proposed Resolution pertaining to all

matters regarding the divorce; N. Complied with provisions of the Indian Child Welfare Act and Uniform Child

Custody Jurisdiction Act (if applicable); O. Completed and exchanged child support guidelines;

P. It is additionally ordered_________________________________ IT IS ORDERED that attorneys attending the resolution Conference shall have their clients present in person unless waived by the Court. IT IS ORDERED that each attorney provide the Court at the assigned Judge’s office at least two business days preceding the above-scheduled Resolution Conference, copies of documents as listed in above numbered 2 B, E, G, H, I, J, K, L, M, and O. The above may be considered aids to the Court in the event it is necessary to schedule a trial. IT IS FURTHER ORDERED that no document other than motions and other pleadings and orders may be filed with the Court Clerk. IT IS FURTHER ORDERED that if any of the foregoing provisions have not been accomplished or the required exhibits, documents, materials, etc., presented to opposing counsel by at least two business days prior to the scheduled Resolution Conference the same may not, in the discretion of the Court, be admitted for use at trial. IT IS FURTHER ORDERED that all materials submitted by the attorneys in response to this Order are warranted by any attorneys and their clients to be true and correct. Dated this _______day of ___________________________, 20_____. __________________________________________ District Judge

RULE NO. 21

DISCOVERY MATERIALS NOT TO BE FILED Depositions, interrogatories, requests for documents and things, requests for admissions, and answers and responses thereto, shall not be filed with the Court Clerk, except by order of the assigned Judge or unless they are attached to a motion or response thereto. Upon serving answers or responses to interrogatories, requests for admissions and/or production on opposing parties or counsel, the answering or responding party or counsel shall file a certification of compliance with discovery. Nothing in this rule shall prohibit the use of depositions, interrogatories, and requests for documents, requests for admissions, and answers and responses thereto in a trial or hearing.

RULE NO. 22

EXHIBITS: A. No exhibit offered or admitted in evidence shall be removed from the courtroom or from the custody of the Court Clerk or court reporter, as the case may be, without permission of the appropriate judge and the official having custody thereof, and when permission is granted, a written receipt shall be taken from the person receiving the exhibit. B. Only two-dimensional exhibits, eight and one-half (8 ½) inches by fourteen (14) inches or smaller, videotapes, and audiotapes admitted into evidence will be retained by the court reporter following the trial. Counsel shall substitute a copy, meeting these size restrictions, of any oversized exhibit. Other exhibits, including oversized exhibits, shall be withdrawn from the record at the conclusion of the trial and retained by the party/counsel presenting the same at trial. C. In criminal cases, parties/counsel shall comply with the Rules of the Court of Criminal Appeals.

RULE NO. 23

NOTICE OF TRANSCRIPT REQUESTED When a trial or hearing is in progress, and an attorney or party requests a transcript of any testimony given during the trial or hearing, the court reporter shall notify the other attorneys or parties participating in the trial or hearing of the request for the transcript.

RULE NO. 24

JUDGES: UNIFORMITY OF RULINGS When a question of law, fact or procedure has been decided by one of the Judges of the county or district, the same question shall not thereafter knowingly be presented to another Judge of the county or district without apprising the subsequent Judge of a former Judge’s ruling or, if no ruling has been made, that such question has already been presented to the first judge. No attorney shall knowingly present a question of fact, law or procedure in the same case to one judge after an adverse ruling by another Judge of the county or district without informing the subsequent Judge of the facts, circumstances and holding of the first Judge. These rules shall not preclude the district courts from making additional rules not inconsistent herewith.

RULE NO. 25

RECORDING DEVICES Except as expressly permitted by the individual Judge, the use of cameras, audio or video recording equipment, or television broadcasting equipment inside courtrooms, conference rooms, annexes, or Judge’s chambers is prohibited.

RULE NO. 26

WEAPONS PROHIBITED

No person shall carry a firearm or other weapon into the Comanche County Courthouse, its courtrooms, Judges’ chambers, conference rooms, or annexes without prior approval of the assigned Judge, except for law enforcement officers, properly credentialed secretary-bailiffs, judges and court personnel. This rule specifically includes and prohibits officers, appearing as named parties in pending litigation and attorneys.

RULE NO. 27 INSTRUCTIONS FOR POSTING A PROPERTY BOND How to begin… A TITLE SEARCH must be provided to the Court Clerk’s Office at the time of posting the bond. You must contact a Title Search Company to provide this service for you. They are in the Yellow Pages, and they all charge a fee. The information needed on your title search, is listed on page 2. These instructions should be given to the company performing the service to you. This will insure you have the correct and complete information needed. The TITLE SEARCH must be an “up-to-the-minute” search. It must be timed and dated by the company. It must be brought to our office within 30 minutes of the date and time listed on your Title Search. Note: If your property is not in Comanche County – see “Exceptions”. The formula…

ASSESSED EVALUATION** Times

FOUR______ equals THE BONDING POWER of your property

minus

_______ANY LIENS, UNPAID TAXES, MORTGAGES______

equals THE AMOUNT OF BOND YOU MAY POST

**You may contact the COUNTY ASSESSOR’S OFFICE in the county in which the property is located to obtain the TOTAL ASSESSED EVALUATION. (Comanche County Assessor – 355-1052)

REQUIREMENTS ALL persons listed as owners, and their spouses, must be present to sign the bond with a photo I.D. (if a photo I.D. is not available, a second party who is in possession of a photo I.D.

MUST BE PRESENT to sign an Affidavit of I.D.)

CASH filing fee – an average of $16 per bond. This is a fee charged by the County Clerk’s Office, not our office. The receipt will be attached to the bonds, after the bonds are filed as liens against your property. EXCEPTIONS: Mortgages – the original mortgage amount will be listed on the title search. This is the amount that will be subtracted from your bonding power. IF the principal amount is significantly less, you may attach a statement to your title search. The statement MUST: be on the mortgage company’s letterhead Show the original loan amount and the current balance due Bear the legal description and/or address List the name of the person on the loan Be signed by a company officer and notarized Out of County property – may be used as long as we receive an up-to-the-minute search. The Title Search Company may fax you a copy to bring to our office within 30 minutes. The original must be filed as soon as possible. (If you do not have access to a fax machine, please contact the supervisor.)

INSTRUCTIONS FOR TITLE SEARCH COMPANIES

The Court Clerk’s Office will not be able to accept any title search for the posting of a property bond that does not follow the guidelines shown below: The search must be presented on company stationery, a company form, or company letterhead. The form must list the full names of all owners as reflected in the records of the County Clerk. The form must bear the legal description of the property The form must list the TOTAL ASSESSED EVALUATION The form must indicate any mortgages, or liens, that have not been released by the mortgagor(s), and the full name of the mortgagor(s). The form must indicate the amount and years of any taxes that are shown to be delinquent with the County Treasurer. The search must be signed by a company officer and the signature must be notarized. The search must be UP TO THE MINUTE. It must be dated and timed. Information should be condensed to a one or two page document. It is not necessary to attach copies of documents such as deeds, mortgages, liens, etc. The person must pay an additional $2 fee per page on each additional page attached. The Court Clerk’s Office will be unable to accept for processing any form that limits the scope of the search, or bears any disclaimer of service or liability.

To the Property Owners: When the case is disposed of, the Court will order the bond exonerated. Since the bond is filed as a lien against your property, you should request a release of the lien, at that time. Our office will prepare that form for you, and you will need to file it with The County Clerk’s Office. (there is a fee to file it)

RULE NO 28

COURTROOM CONDUCT As members of the Bar, lawyers owe duties of professionalism to their clients, opposing parties and their counsel, the courts and other tribunals, and the public as a whole. Those duties include among others: civility, professional integrity, personal dignity, candor, diligence, respect, courtesy, cooperation, and competence. Your personal appearance and conduct in the courtroom is visible evidence of your respect for the rule of law and the administration of justice. Lawyers shall conduct their business before the Court in an appropriate and professional manner at all times, and shall extend courtesy and civility toward the opposing counsel, the Court and the members of the Court’s staff. The American Bar association Standards for trial Management should be used in the selection of the jury. The following guidelines are provided to counsel for proper courtroom decorum:

1. Cell phones and pagers shall not be audible.

2. Remove hats and topcoats before entering the courtroom.

3. Stand when talking to or being addressed by the Judge.

4. Make certain that the Court file in your matter is available for benefit of the Judge as needed.

5. Do not sit on the counsel table, rail, or the arms of the chairs.

6. Do not approach the bench or a witness unless permission is obtained or you are invited to do so.

7. Examine witnesses and jurors in a manner so that the Judge, reporter and all concerned may properly hear. Do not needlessly or aimlessly walk about, but at all times preserve a dignified appearance.

8. When the exclusionary rule is requested, counsel shall maintain a

lookout over the courtroom to see that none of the witnesses unknowingly violate the rule.

9. Avoid personal references to opposing counsel.

10. Address arguments to the Judge or jury and not opposing counsel.

11. Treat all jurors, witnesses and Court personnel in a friendly but impersonal manner, irrespective of actual personal relationships.

12. When your business in Court is finished, depart quietly if you wish to retire. It is unnecessary to ask to be excused when your business is completed.

13. All attorneys shall wear appropriate attire. Men shall wear coats and ties. Women shall wear professional attire, i.e.: conservative dresses, suits and pantsuits. Appropriate attire for attorneys does not include jeans, warm-ups, jogging suits, sweats, shorts or other casual or athletic clothing, including athletic shoes. Accommodations will be made for persons with disabilities on notice to the court.

14. Counsel will not address each other during the trial of the case in

the presence of the jury.

15. Counsel will state all objections to the Court and not to opposing counsel.

16. There will be no arguments on objections in the presence of the jury. If counsel desires to argue a point after making an objections or being overruled on a point, counsel may ask the Court for permission to approach the bench. However, argument may be permitted on objections at the discretion of the Court;

17. Counsel will not interrupt each other, except to state a valid objection, while counsel is addressing the Court or the jury. If an objection is made by way of interruption it shall be short and concise and not stated by way or argument.

18. Counsel will avoid facial expressions or other non-verbal comments on the evidence or credibility of witnesses (no mugging).

19. If either counsel desires to offer stipulations, they shall be made to the Court in the absence of the jury. After the offer is made, opposing counsel may either accept or reject them, or ask for a conference to state some conditions or additions.

20. If you wish a witness to leave the stand during testimony, you must have permission of the Court, and that permission will be granted sparingly. Please wait to begin your examination of a witness until the Court directs that you may inquire.

21. In the order of examination of witnesses, the Court will allow direct examination, cross examination and redirect. No further questioning should be attempted without specific permission by the Court. That permission will be granted only if new evidence is elicited in redirect examination.

22. Counsel will ask questions of prospective jurors only on matters which would be the basis for challenge for cause and will not examine as to matters of law. Counsel are not to ingratiate themselves with the jury nor argue their case. The majority of questions should be addressed to the panel, and not individual jurors. Questions should be designed to elicit facts and, therefore, should not be leading. Questions should not be asked that would elicit a promise or commitment from a juror. No questions prohibited by Rule 6 will be allowed.

23. In making an opening statement, counsel will refrain from argument of any kind and will confine themselves to the outline of facts that

they intend to prove and will stay within the issues framed. Statements should not exceed ten minutes in duration.

24. Counsel shall refrain from making derogatory remarks, inferences or insinuations about each other or their handling of the case.

25. When two or more attorneys are on the same side trying a case, the attorney conducting the examination of the witness shall continue until the witness is excused from the stand, and all objections made or exceptions taken during the examination of such witness shall be made or announced by the attorney who is conducting the examination or cross examination.

26. In a case with multiple counsel (or if you have a designated agent) neither may exit nor enter the bar area while Court is in session without permission of the Court. Neither counsel (or the designated agent) should leave while the adverse party is in the process of examining witnesses.

27. When counsel desires to approach the bench for any reason, counsel will ask leave of Court to do so, and if leave is granted, one counsel for each party shall approach.

28. If possible, all exhibits should be pre-marked. Counsel should provide an exhibit list to the reporter prior to trial. This list will be held in confidence. Exhibits, once identified, whether admitted or not, shall be left in the custody of the reporter. Do not take identified exhibits to your table or elsewhere.

29. In relation to exhibits, please have two (2) copies of each ready for submission to the court reporter at the time of order. This would include clear and viewable photographs of any exhibit that cannot be physically attached to a transcript. If an original exhibit is of a colored photograph, copies must be duplicated in color. The existence of these copies will be a predicate to admission.

30. All counsel should be present, on a daily basis, at least ten (10) minutes prior to the scheduled start of testimony. This is ordered in an effort to avoid delaying the jury on emergency evidentiary matters.

31. Requested instructions must be in writing and electronic format and submitted fourteen (14) days prior to trial. Contact the appropriate court reporter for preference of Word or WordPerfect.

32. There will be no demonstrations without prior approval of the court.

RULE NO. 29

RULES – CHANGES, DELETIONS, OR ADDITIONS These rules may be changed, deleted or added to by a majority vote of the District Judges of the county.

RULE NO. 30

PUBLICATION AND FILING OF RULES: The foregoing rules are adopted for Comanche County, and ordered published and shall be filed and recorded in the office of the Court Clerk of said county, and published on the Oklahoma Supreme Court Network.

RULE NO. 31

REPEAL

All rules heretofore adopted are repealed as of the time these rules become effective on April 1, 2012.

Allen McCall Mark R. Smith Keith B. Aycock Gerald F. Neuwirth