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RULE 44: (RESERVED) AND RULE 44A: INTERIM COMMENTARY

July 25, 2011

RULE 44: (RESERVED).

Advisory Commission Comments [1991].

Former Rule 44 dealt with admissibility of official records. The amendment deletes the rule, official records now being covered by such provisions as T.R.Evid. 803(8) and 902(4).

RULE 44A.

RULE 44A: INTERIM COMMENTARY.

During the course of the trial, the court may permit counsel to address the jury in order to assist jurors in understanding the evidence that has been presented or will be presented. The trial court may place reasonable time limits on such statements and shall permit all counsel to respond to the remarks of any one lawyer. [Added by order filed January 31, 2003, effective July 1, 2003.]

Advisory Commission Comment [2003]. This new rule gives the court the discretion to allow counsel to speak directly to the jury during the trial in order to assist the jurors in understanding the context of the evidence. For example, the court may allow counsel to make a short explanation of what legal issue the next two witnesses will address. The court is given the discretion to place time and content limits on these statements, but each counsel must be given a chance to respond to the interim commentary of any lawyer.

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