Thursday, August 20, 2009

TRCP 9: How many lawyers is too many (at trial)?

How many lawyers may a party show up with at trial or for a hearing? Probably unlimited if confined to a spectator role, but only so many will be allowed to participate and be heard.

Tex. R. Civ. P. 9 (nine) sets a limit on attorneys to play an active role in trial advocacy: 2 (two). But Rule 9 also contemplates exceptions to be granted by the trial court under unusual circumstances.

RULE 9. NUMBER OF COUNSEL HEARD

Not more than two counsel on each side shall be heard on any question or on the trial, except in important cases, and upon special leave of the court.

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