IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
DIVISION
)
)
Plaintiff, )
)
vs. ) Case No.
)
)
)
Defendant. )
RULES OF TRIAL
1. Normally, court will convene at 9:00 a.m. and recess at 5:00 p.m. The
parties may expect morning, lunch and afternoon breaks at appropriate times.
2. No food or drink is allowed in the courtroom except for water.
3. Absent good cause shown, opening statements are limited to fifteen (15)
minutes for each side.
4. No visual aid or exhibit shall be used during an opening statement unless
opposing counsel has been shown the visual aid or exhibit and has agreed that the item
may be used during the opening statement.
5. During the course of trial, each party shall notify opposing counsel of all
witnesses it intends to call the following day. The parties should be prepared to have a
witness ready to testify immediately following the conclusion of testimony of another
witness.
6. The interrogation of each witness shall consist of: (1) direct examination;
(2) cross-examination; (3) redirect examination; and (4) recross-examination. No further
questioning will be permitted except by leave of Court in extraordinary circumstances.
7. Absent good cause shown, the direct examination of each non-party witness
shall be no longer than sixty (60) minutes. Cross-examination of all witnesses shall be no
longer than direct. Redirect of non-party witnesses shall be no longer than twenty (20)
minutes, and recross-examination shall be no longer than redirect. Expert witnesses may
testify about their qualifications and background for no longer than five (5) minutes on direct
examination; cross-examination concerning the expert=s qualifications will be unlimited
except insofar as the general time limitation on cross-examination applies. The Court
reserves the right to impose reasonable time limitations on the direct examination of
parties.
8. Only one (1) counsel per party may examine a witness. See Local Rule
83.3(b).
9. Counsel may approach the witness for any legitimate purpose without
requesting permission to do so. Counsel may question a witness from any reasonable
place in the courtroom.
10. Except in unusual circumstances, counsel should stand when addressing the
Court or when examining the witness. See Local Rule 83.3(a).
11. Except in unusual circumstances, a witness should be allowed to complete an
answer. If the question calls for a "yes" or "no" answer, you may anticipate that the witness
will be allowed an opportunity to explain that answer.
12. When making an objection, counsel should say only "objection" plus the legal
reason for the objection, e.g., leading, hearsay, etc. If objecting counsel desires to give
reasons for the objection or if an opposing counsel desires to oppose the objection, counsel
shall request leave to approach the bench. Objections to evidence should be made only by
counsel handling the witness. Objections during opening statements or closing arguments
should be made only by counsel making opening statements or closing arguments.
13. Unless permission is granted before the trial begins, a maximum of two (2)
expert witnesses shall be allowed to testify for any party on any one (1) subject. After
counsel questions an expert about his/her qualifications, do not ask the Court to declare the
witness an expert.
14. Visible reactions to the testimony of witnesses, counsels' presentations or to
the Court's rulings (such as facial or body gestures) are inappropriate.
15. Conversation with clients and/or co-counsel must be in tones inaudible to the
Court.
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16. Each party shall mark each of their exhibits prior to trial with an exhibit sticker
indicating whether the exhibit is being offered by the plaintiff or the defendant, along with
the exhibit number. Plaintiff shall number their exhibits beginning with the number one.
Defendant shall number their exhibits beginning with the number 501. The designation for
each exhibit shall match the numeric designation for that exhibit on the exhibit list furnished
to the clerk prior to trial. Each party shall provide the Court with two copies of their exhibits
one week prior to trial.
17. During conferences at the bench please note that the court reporter has a
very sensitive microphone located on the bench. Sounds are greatly amplified. Any
shuffling of papers, clicking of pens, tapping of fingers on the bench, or touching the
microphone results in great discomfort to the reporter. Please avoid any such movements.
GREG KAYS, JUDGE
UNITED STATES DISTRICT COURT
DATE:
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