United States Magistrate Judge
John M. Bodenhausen
Requirements
Courtroom 15S
Address
1. Local and Federal Rules
111 S. 10th Street,
Suite 15.174
St. Louis, MO 63102 All parties are expected to know and follow the Local Rules of the
Phone Eastern District of Missouri, the Federal Rules of Civil and Criminal
(314) 244-7500
Fax Procedure, and the Federal Rules of Evidence.
(314) 244-7509
Judicial Assistant 2. Informal Matters
Corinne Cohen
(314) 244-7511
I do not have a set time for informal matters, but am generally available.
Case Management Team Please notify opposing counsel and make sure counsel for each party is
Nikki Phillips
(314) 244-7928 available before requesting an in-court or telephone conference. Most
Katie Kratzer
(314)244-7936
minor, agreed deadline changes can be handled in writing, by filing a
Kayla Zenon motion to extend the deadline and stating that opposing counsel
(314) 244-7095
Lauren Rabbitt
consents.
(314) 244-7021
___________________ 3. Rule 16 Conferences and Case Management Orders
Law Clerk
Sona Patel Civil cases are usually set for Rule 16 conferences after all defendants
(314) 244-7883
have answered or filed motions in response to the complaint. If for
some reason a party believes a conference should be sooner, that party
should file a motion. Rule 16 conferences are conducted in person.
When a party appears pro se, the Rule 16 conference is held in the
courtroom, on the record. Out-of-town counsel may request to
participate by telephone, but must notify chambers ahead of time and
ensure that the Clerk has appropriate contact information.
At the Rule 16 conference, the parties should be prepared to discuss the
facts of the case and all other matters set out in the Rule 16 Order,
including settlement.
4. Scheduling and Status Conferences
Counsel may request a scheduling or status conference when the need
arises by calling chambers.
5. Discovery Disputes
Before a motion to compel is filed, the parties are required to schedule
a telephone conference with the Court and to send the Court a joint
summary, no longer than one page, of the issues on which the parties
seek the Court’s guidance. If at the conclusion of the conference it is determined that a motion to
compel is necessary, the Court will set a briefing schedule. Any motions filed before a telephone
conference is scheduled will be denied without prejudice.
6. Alternative Dispute Resolution (ADR)
The Court will refer most civil cases to ADR. Please be prepared to discuss the appropriate timing
for referral to mediation at the Rule 16 conference. When setting a date for mediation in the
proposed schedule, counsel should consider what discovery they need in order to conduct a
meaningful mediation conference. A list of the court’s neutrals and the Court’s ADR procedures
can be found at www.moed.uscourts.gov. Please note that once the case has been referred to ADR,
those deadlines are binding and may only be extended by court order.
7. Final Pretrial Conference
Final pretrial conferences are usually held the week prior to the scheduled trial date. A form Final
Pretrial Order will be attached to the Case Management Order for the parties to complete after
consultation. Counsel should be prepared to argue any motions in limine, so that a ruling on such
motions can be made in advance of trial, at the Final Pretrial Conference. The proposed Final
Pretrial Order shall be filed no later than 14 days prior to trial.
8. Courtesy Copies
When a party’s submission is relatively large, in addition to electronic filing, the party may be
required to submit a tabbed copy with a table of contents to chambers of (1) any motions for
judgment on the pleadings, or motions for summary judgment, together with any supporting
documents or exhibits; (2) any documents or exhibits in opposition; (3) any reply documents; and
(4) all pretrial compliance matters. Chambers will inform counsel with courtesy copies are
required.
9. Expert Witnesses
(a) Be prepared at the Rule 16 conference to discuss the types of expert witnesses who are likely
to testify in the case and whether (and when) the names and reports and/or depositions of the
experts will be provided. Parties are allowed to stipulate to different ways of disclosing expert
opinions, but in the absence of a stipulation, the provisions of Rule 26 will be applied.
(b) Treating health care providers who are testifying as to matters contained in their treatment
notes will not be required to prepare reports or provide the other information required by Rule
26(a)(2)(B). In such cases, though, the health care providers will normally be limited to providing
opinions that are related to the treatment and disclosed in their notes. In some cases, providers
may be required to prepare reports (for example, where the provider is testifying as to causation).
10. Voir Dire/Jury Selection/Jury Instructions
(a) Voir Dire: For the most part, attorneys are allowed to conduct the majority of voir dire, but the
Court may conduct routine preliminary voir dire questioning. The Court will introduce counsel
and briefly state the general nature of the case. Counsel may then inquire into matters relevant to
jury selection, but may not ask unnecessary questions in order to establish rapport, ask the jurors
to make promises, make speeches, argue the case, or anything else that is not directly designed to
elicit relevant information about the potential jurors. In every case, the Court reserves the right to
conduct the entire voir dire. Counsel shall submit proposed voir dire questions to the Court no
later than 14 days prior to trial.
(b) Jury Selection: After all questioning has been completed, the panel will be removed from the
courtroom and the Court will immediately request the challenges for cause. No challenges for
cause or statements that either the panel or any juror is unacceptable may be made in front of the
jury panel. After for cause challenges to jurors, the parties will make peremptory challenges.
(c) Jury Instructions: 8th Circuit Model instructions should be used when possible. If instructions
from other sources are proffered, they must be accompanied by case authority. Parties are required
to meet and confer regarding jury instructions and whenever possible submit one package of jury
instructions to the Court electronically on behalf of all the parties. Parties shall submit proposed
instructions no later than 14 days prior to trial, and any objections to those instructions shall be
submitted no later than 7 days prior to trial.
11. Courtroom Logistics
(a) Available Technology: The Court has evidence presentation equipment, including camera,
VCR, DVD, monitors, and hook-ups for computer-stored evidence or computer presentation. An
explanation on the use of this equipment is available on the Court’s website at
www.moed.uscourts.gov under Courtroom Technology.
(b) Decorum: Please stand when the jury enters the courtroom, and at all times when speaking.
Also, cell phone usage, eating or drinking (except water), gum chewing, or audible sound-makers
are not allowed. The use of social media, (for example Facebook, Twitter, etc.) will not be allowed
in the courtroom.
12. Trial Procedures
(a) Opening statements: Opening statements may include exhibits so long as counsel has consent
from opposing counsel and advises the Court in advance.
(b) Evidentiary Objections: No evidentiary objections shall be argued in the presence of the jury.
Counsel must state the legal basis for the objection in a word (or at most, a phrase) without
elaboration or argument (unless called to the bench). For purposes of “making a record,” counsel
may explain their positions and the Court may explain its ruling on the record after the jury has
been excused.
(c) Recross: Recross is not allowed as a matter of right. It is only allowed if something new is
brought out in redirect.
13. Sealed Documents
Attorneys must comply with E.D.Mo. Local Rule 13.05 concerning sealed documents and files.
