D. Minn. LR 39.2

(a) Addressing the Court and Examining Witnesses.

(1) When addressing the court, counsel must stand and speak clearly

and audibly from the counsel table or the lectern. Counsel must not

approach the bench for private communications except at the judge’s

request or with the judge’s permission.

(2) Ordinarily, counsel must examine a witness from the lectern. But

counsel may, if necessary, approach the witness or the court reporter’s

table to present or examine an exhibit.

(3) Unless the court orders otherwise, only one attorney for each party

may examine a witness or present argument to the court with respect to a

motion or other matter.

(b) Examining Jurors.

(1) In General. Unless the court orders otherwise, the court will conduct

voir dire examination of jurors. A party may submit proposed voir dire

questions to the court.

(2) Peremptory Challenges.

(A) When Exercised. No party may exercise a peremptory

challenge until a full panel has been called, sworn, and qualified.

(B) Ordinary Civil Cases. In an ordinary civil case, the defendant

and plaintiff will take turns — in that order — exercising their

peremptory challenges by striking one juror each until each party has

exhausted or waived its peremptory challenges.

(C) Civil Cases with Third-Party Defendants. In a civil case

involving a third-party defendant, the defendant, the third-party

defendant, and the plaintiff will take turns — in that order — by

striking one juror each until each party has exhausted or waived its

peremptory challenges.

(D) Criminal Cases. In a normal criminal case with a panel of 28

jurors, the parties will exercise peremptory challenges as follows:

• 3 by defendant;

• 2 by the government;

• 3 by defendant;

• 2 by the government;

• 2 by defendant;

• 1 by the government;

• 2 by defendant; and

• 1 by the government.

(c) Opening Statements and Final Arguments

(1) Opening Statements.

(A) In General. Unless the court orders otherwise, an opening

statement must not exceed one hour.

(B) Civil Cases. After a jury has been selected and before

evidence is presented, a party may make an opening statement that

summarizes generally what the party expects to prove. If the party

with the burden of proof wishes to make an opening statement, that

party makes the first opening statement. Unless the court orders

otherwise, a party may not make an opening statement after

evidence has been presented.

(C) Criminal Cases. The defendant in a criminal case may make

an opening statement either:

(i) after the jury has been selected and before any

evidence is presented; or

(ii) after the prosecution rests.

(2) Final Arguments.

(A) In General. Unless the court orders otherwise, a final

argument must not exceed one hour.

(B) Civil Cases. Each party may make a final argument. The

party without the burden of proof on a claim makes its final argument

first, with no opportunity for rebuttal.

(C) Criminal Cases. The government makes its final argument

first. The defendant makes his or her final argument next. The

government may make a brief rebuttal, to which the defendant may

not respond.