Rule 9.Conduct of hearings

Rule 9 governs how a family court hearing is conducted, and its first sentence carries more weight than its length suggests.

No jury, ever

All hearings in the family courts shall be conducted by the court without a jury. That is the substantive premise the rest of the ruleset is built on: Rule 2(a) disapplies the civil jury rules — 38, 39, 47 through 51, and the jury portions of 40 and 42 — because there is no jury for them to govern.

A judicial atmosphere

Hearings are conducted in a judicial atmosphere, with the judge wearing a black judicial robe. It is a rare thing for a procedural rule to prescribe dress, and it reflects what family court proceedings often are — informal in setting, held in chambers or a small courtroom, attended by people who have never been in court. The robe says what room they are in.

Argument stops when the ruling comes

Counsel shall not attempt to further argue any matter after he has been heard and the ruling of the court has been pronounced. Once the court rules, the argument is over.

And a second, narrower limit: no argument shall be made on objections to admissibility of evidence or conduct of trial unless specifically requested by the court. An objection is stated; it is not briefed from the podium unless the judge asks.

Neither provision affects preservation — a party who has stated an objection and been overruled has made its record. What Rule 9(b) forecloses is the second bite.