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2.2 Bench Conferences and Recesses

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2.2 BENCH CONFERENCES AND RECESSES

From time to time during the trial, it may become necessary for me to take up legal matters with the attorneys privately, either by having a conference at the bench or, when necessary, by calling a recess.

We will do what we can to keep the number and length of these conferences to a minimum. I may not always grant an attorney’s request for a conference.

Comment

Conducting bench conferences is within the discretion of the court. Regarding the defendant’s right to be present at bench conferences, see Jury Instructions Committee of the Ninth Circuit, A Manual on Jury Trial Procedures § 1.6 (2013).