trial conduct by ron mclean april 5, 2010

Trial Conduct

by Ron McLean

April 5, 2010

You’re a – you’re a –you’re an obnoxious defender of entities that kill people. You are a – you are a reprehensible example –

- of a defender of a Worker’ Compensation system –-who is absolutely –

You’re a – you’re a –you’re an obnoxious defender of entities that kill people. You are a – you are a

reprehensible example - - of a defender of a Worker’ Compensation system - -who is absolutely - That is –

that is fast approaching - Well, your client in this case has certainly killed a number of people.

Well, your client in this case has certainly killed a number of people.

Voir Dire ● N.D.R.Civ.P. 47(a)

● N.D.R.Crim.P. 24

● N.D.C.C. § 28-14-06 (challenges for cause)

Voir Dire Case law

● Loveland v. Nieters, 54 N.W. 2d 533 (N.D. 1952)

● Trautman v. New Rockford-Fessenden Co-Op. Trans. Ass’n, 181 N.W. 2d 754 (N.D. 1970)

● Dehn v. Otter Tail, 251 N.W. 2d 404 (N.D. 1977)

Rules of Professional Conduct/ Voir Dire

● N.D.R. Professional Conduct 3.3● N.D.R. Professional Conduct 3.4● N.D.R. Professional Conduct 4.4

Opening Statement

● N.D.Rule of Court 6.2

● N.D.C.C. § 29-21-01

● N.D.C.C. § 28-14-10

Opening Statement

State v. Skjonsby, 319 N.W. 2d 764 (N.D. 1982)

Counsel shall be allowed considerable latitude.

Case Law

Lange v. Cusey, 379 N.W. 2d 775 (N.D. 1985)

State v. Mehralian, 301 N.W. 2d 409 (N.D. 1981)

Examination of Witnesses

● N.D.R.Civ.P. 43(b) ● N.D.R.Crim.P. 26

● N.D.R.Ev. 611

Case Law

Kresel v. Giese, 231 N.W. 2d 780 (N.D. 1975) Lange v. Cusey, 379 N.W. 2d 775 (N.D. 1985)Kruel Witch v. United States, 336 U.S. 440

(1940)Anderson v. A.P.I. Company of Minnesota,

1997 N.D. 6, 559 N.W. 2d 204

Closing Argument

● Rules of Civil Procedure/Silent

● N.D.R.Crim.P. 29.1

Case Law

Andrews v. O’Hearn, 387 N.W. 2d 716 (N.D. 1986)

Fox v. Bellon, 136 N.W. 2d 134 (N.D. 1965)State v. Flohr, 310 N.W. 2d 735 (N.D. 1981)

Belssum v. Shelver, 1997 ND 152, 567 N.W. 2d 844

Glatt v. Bank of Kirkwood Plaza, 383 N.W. 2d 473 (N.D. 1986)

North Dakota Code of Aspirations

of Professionalism & Civility

● Lawyer to Client ● Lawyer to Lawyer ● Lawyer to Court

● Lawyer to Community

Ridin’ Tall