Rule 10. Trials.

Rule 10.1. Voir dire.

Rule 10.2. Opening statements in criminal matters.

Rule 10.3. Requests and exceptions to charge.

Rule 10.4. Excusals from courtroom.

Rule 10.1. Voir dire.

The court may propound, or cause to be propounded by counsel such questions of the jurors as provided in O.C.G.A. § 15-12-133; however, the form time required and number of such questions is within the discretion of the court. The court may require that questions be asked once only to the full array of the jurors, rather than to every juror one at a time provided that the question be framed and the response given in a manner that will provide the propounder with an individual response prior to the interposition of challenge. Hypothetical questions are discouraged, but may be allowed in the discretion of the court. It is improper to ask how a juror would act in certain contingencies or on a certain hypothetical state of facts. No question shall be framed so as to require a response from a juror which might amount to a prejudgment of the action. Questions calling for an opinion by a juror on matters of law are improper. The court will exclude questions which have been answered in substance previously by the same juror. It is discretionary with the court to permit examination of each juror without the presence of the remainder of the panel. Objections to the mode and conduct of voir dire must be raised promptly or they will be regarded as waived.

In cases in which the death penalty is sought, the trial judge shall address all Witherspoon and reverse Witherspoon questions to prospective jurors individually. Prior to ruling upon any motion to strike a juror under Witherspoon, the trial judge shall confer with counsel for the state and for the accused as to any additional inquiries. Failure to object to the courts ruling on whether or not a juror is qualified shall be a waiver of any such objection.

Rule 10.2. Opening statements in criminal matters.

The district attorney may make an opening statement prior to the introduction of evidence. This statement shall be limited to expected proof by legally admissible evidence. Defense counsel may make an opening statement immediately after the states opening statement and prior to introduction of evidence, or following the conclusion of the states presentation of evidence. Defense counsels statement shall be restricted to expected proof. by legally admissible evidence, or the lack of evidence.

Rule 10.3. Requests and exceptions to charge.

All requests to charge shall be numbered consecutively on separate sheets of paper and submitted to the court in duplicate by counsel for all parties at the commencement of trial, unless otherwise provided by pre trial order; provided, however, that additional requests may be submitted to cover unanticipated points which arise thereafter.

Rule 10.4. Excusals from courtroom.

During the course of a proceeding no one except the judge may excuse from the courtroom a party, a witness (including one who has testified), or counsel.