January 3, 2024
Policy on Courtroom Procedures
Chief U.S. Magistrate Judge Willie J. Epps, Jr.
The following policy constitutes a practical, common-sense compilation of procedures for the
courtroom. All lawyers shall adhere to this policy when appearing before Judge Epps.
Tech Equipment
Please test the equipment in the courtroom more than one week prior to trial. This is a requirement,
not an option. There should not be any technology glitches during trial that could have been
avoided with proper preparation. Counsel may schedule a time to test courtroom equipment with
an information technology specialist at 573-636-4015.
Understand how to properly impeach a witness from the podium using the tech equipment. This
avoids the inconvenience of approaching a witness with a paper copy of a report or deposition,
as well as the confusion in court and difficulty for the court reporter.
Identify whether there will be one technician displaying exhibits for all parties or separate
technicians for each party.
Courtroom Conduct
Prior to trial, please designate for the Court lead counsel and identify all individuals who will sit
at counsel’s table.
For the sake of the court reporter and the jury, always stand at the podium or at counsel’s table
and speak into the microphone when on the record.
The court reporter can only transcribe one speaker at a time. Be mindful not to speak over others
at all times, especially when questioning witnesses and during sidebars.
Always be professional and respectful, including moments when the jury is not present or when
court is off the record. Avoid dramatic facial expressions and gestures when Judge Epps or
opposing counsel are speaking. Address individuals, including opposing counsel and witnesses,
by their last names and the appropriate title, e.g., Dr., Mr., or Ms.
Exhibits
Please confer with opposing counsel prior to trial to come to an agreement concerning whether or
not certain exhibits may be used during opening statements. If so, review and agree on
those exhibits in advance.
Exhibits should be marked individually. If only one page or portion of evidence will be admitted,
it should have its own exhibit number. Please do not attempt to admit only a piece of an exhibit
or to use “sub-exhibit” numbers. (e.g., you may not admit page 63 of exhibit 29. If the
entire exhibit will not be admitted, it must be divided.)
Check the exhibit list carefully for errors prior to trial. Mistakes in exhibit numbering only slow
down trial tempo and are a waste of time for all involved.
Confer with opposing counsel to come to an agreement concerning what exhibits will be
admitted at trial. Jointly pre-admit these exhibits to the Court with an accompanying list of
exhibits on which no consensus can be reached by the parties.
Voir Dire
The Court will ask all questions during voir dire unless counsel request, during pre-trial hearing,
extensive participation in the jury selection process.
Voir dire questions must be submitted to the Court before trial.
The Court will notify both parties of the final questions prior to jury selection.
If a potential juror requires further, individual examination, counsel will have an opportunity
to question that specific juror outside the hearing of the rest of the jury panel.
Objections
To object, stand and speak into the microphone, “Your honor, objection.”
The Court will ask you to state your basis briefly. Use discretion, understanding that the jury
is listening. Do not create a prejudicial error by giving a speech with your objection in the
presence of the jury.
Sidebars allowing for argument over objections will be very limited.
Jury Questions
With agreement of the parties, the jury will have an opportunity to ask written questions of every
witness who testifies in court.
In a sidebar, both parties may choose to object to questions before they are presented to the
witness. The Court will read a question and poll lead counsel for each party. State whether
you object or agree to the question and provide a brief basis. Do not offer a lengthy explanation.
Questions that are posed to witnesses will be docketed for the record after trial.
Opening Statement and Closing Argument
Each party will have thirty minutes for an opening statement and thirty minutes for closing
argument.
If the parties are in agreement, the jury will be instructed on the law prior to an opening
statement, and again before closing argument.
Communication with Chambers
For questions regarding scheduling and the Court’s Electronic Filing System, attorneys should
contact Judge Epps’ Courtroom Deputy at 573-556-7564. For other questions, attorneys should
contact a law clerk at 573-634-3418.
3
