(a) Addressing the Court. Anyone addressing the court or examining a witness shall stand. The rule may be waived if the person is physically unable to stand or for other good cause. No one should approach the bench to address the court except by leave of the court.
Rule 36.Standing Trial Orders -- Procedures
Group VII: Trials · Last amended January 1, 2019 · Last verified July 14, 2026
In one sentenceRule 36 sets standing procedural orders for how trials are conducted, covering courtroom decorum, time limits on openings and closings, witness examination, objections, the order of proof, and when an attorney may testify or continue as advocate.
Full Text of Rule 36
(b) Opening Statements and Closing Arguments. Opening statements shall not be argumentative and shall not be longer than 30 minutes unless the court otherwise directs. Closing arguments shall be limited to 1 hour each, unless otherwise ordered by the court in advance. Before any person shall read to the jury any excerpt of testimony from a transcript prepared by the designated court transcriber, he or she shall furnish the opposing party with a copy thereof.
(c) Copies of Documents for Court. Counsel shall seasonably furnish for the convenience of the court, as it may require, copies of the specifications, contracts, letters or other papers offered in evidence.
(d) Examination of Witnesses.
(1) Only one counsel on each side will be permitted to examine a witness.
(2) A witness cannot be re-examined by the party calling him or her, after his or her cross-examination, unless by leave of court, except so far as may be necessary to explain his or her answers on his or her cross-examination, and except as to new matter elicited by cross-examination, regarding which the witness has not been examined in chief.
(3) After a witness has been dismissed from the stand, the witness cannot be recalled without permission of the court.
(4) No person, who has assisted in the preparation of a case, shall act as an interpreter at the trial thereof, if objection is made.
(5) Attorney as Witness.
(i) Compelling Testimony. No attorney shall be compelled to testify in any cause in which he or she is retained, unless the attorney shall have been notified in writing that he or she will be summoned as a witness therein. Except for good cause shown, such notice shall be provided no later than 30 days after the opposing party discovers that the attorney is a witness in the matter or 30 days after the attorney's appearance in the case, whichever occurs later.
(ii) Participation as Advocate. An attorney who gives testimony at trial or hearing shall not act as advocate at such trial or hearing unless the attorney's testimony relates to an uncontested issue, or relates to the nature and value of legal services rendered in the case, or unless the court determines that disqualification of the attorney would work unreasonable hardship on the attorney's client.
(e) Exceptions Unnecessary. Formal exceptions to non-evidentiary rulings or orders of the court are unnecessary, and for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at or before the time the ruling or order of the court is made or sought, makes known to the court by motion or orally on the record the action which the party desires the court to take or his or her objection to the action requested by a party opponent, provided that in each instance the party has informed the court of the specific factual or legal basis for his or her position.
(f) Objections. When stating an objection, counsel will state only the basis of the objection (e.g., "leading," "non-responsive," or hearsay"), provided, however, that upon counsel's request, counsel shall be permitted a reasonable opportunity to approach the bench to elaborate and present additional argument or grounds for the objection.
(g) Submission of Case. In all trials, the plaintiff shall put in his or her whole case before resting and shall not thereafter, except by permission of the court for good cause shown, be permitted to put in any evidence except such as may be strictly rebutting; and the defendant shall, before resting, put in his or her whole defense, and shall not thereafter introduce any evidence except such as may be in reply to the rebutting evidence.
(h) Bench Motions. Motions for dismissal or mistrial as well as offers of proof should be made at the bench and out of the hearing of the jury.
Amendment History
Adopted May 22, 2013, eff. October 1, 2013; amended July 24, 2014, eff. September 1, 2014; November 5, 2018, eff. January 1, 2019.
2018: The 2018 amendment rewrote (d)(5)(i).
2014: The 2014 amendment substituted "motion" for "pleading" in (e).
Plain-English Summary
Rule 36 is the courtroom rulebook that applies by default in every trial. It covers basic decorum — standing to address the court or examine a witness, not approaching the bench without leave — and sets time limits: opening statements capped at 30 minutes and non-argumentative, closing arguments capped at an hour per side, unless the court says otherwise. It also requires furnishing opposing counsel a copy before reading trial-transcript excerpts to the jury, and requires seasonably sharing copies of exhibits like contracts and letters for the court's convenience.
A cluster of provisions governs witnesses: only one attorney per side may examine a given witness, redirect examination is limited to explaining cross-examination answers or addressing new matter absent leave of court, a dismissed witness cannot be recalled without permission, and someone who helped prepare the case cannot serve as an interpreter over objection. Special rules apply when an attorney is a witness — the attorney cannot be compelled to testify without written notice, due no later than 30 days after the opposing party discovers the attorney is a witness or 30 days after the attorney's appearance in the case, whichever is later, absent good cause shown — and an attorney who testifies at trial generally cannot also act as advocate there, apart from a few limited exceptions.
The rule also streamlines objections and preserves them without the old formality of "exceptions": stating the basis briefly (with a chance to approach the bench for more argument on request) is enough to preserve the issue, so long as the party gave the court the specific factual or legal basis for its position. It sets the traditional order of proof — plaintiff's whole case before resting, then defendant's whole defense, with only rebuttal evidence allowed afterward — and directs that motions to dismiss, mistrial motions, and offers of proof be made at the bench, out of the jury's hearing.
Frequently Asked Questions
How long can opening statements and closing arguments run?
Opening statements are capped at 30 minutes and may not be argumentative, and closing arguments are capped at one hour per side, unless the court directs otherwise in advance.
Can more than one attorney examine the same witness?
No. Rule 36(d)(1) permits only one counsel on each side to examine a given witness.
When can an attorney be compelled to testify, and can that attorney keep acting as advocate?
An attorney cannot be compelled to testify unless notified in writing that he or she will be summoned as a witness. Except for good cause shown, that notice is due no later than 30 days after the opposing party discovers the attorney is a witness in the matter, or 30 days after the attorney's appearance in the case, whichever occurs later. An attorney who does testify at trial generally cannot also act as advocate there, except on uncontested issues, testimony about the value of legal services, or where disqualification would work unreasonable hardship on the client.
Do parties still need to take formal exceptions to preserve an issue for appeal?
No. Rule 36(e) states that formal exceptions to non-evidentiary rulings are unnecessary; it is enough that a party makes known to the court, by motion or on the record, the action requested or the objection made, with the specific factual or legal basis for the position.
In what order do the parties present their evidence at trial?
Under Rule 36(g), the plaintiff must put in the whole case before resting and, absent good cause, cannot add evidence afterward except strict rebuttal; the defendant must likewise put in the whole defense before resting and afterward may only reply to the rebutting evidence.
Source & verification. Rule text, official Comments, and amendment
history are reproduced verbatim from the New Hampshire Superior Court Civil Rules, adopted
by the New Hampshire Supreme Court. Last verified July 14, 2026.
· Official source
Also known as: standing trial orders proceduresattorney as witness rulecourtroom decorum New Hampshireorder of proof at trial