IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
, )
)
Plaintiffs, )
)
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
should be in the courtroom at 8:00 a.m. on the first day of trial and 8:30 a.m. on each
subsequent day in order to take up any matters that need to be addressed before the jury is brought
in at 9:00 a.m. The parties may expect morning and afternoon breaks at appropriate times. Lunch
break normally will be taken at noon.
2. No food or drink is allowed in the courtroom except for water.
3. Only the attorneys and participants at counsel table at the beginning of voir dire
examination will be allowed to sit at the table during the trial.
4. Counsel shall refer to members of the jury panel by their assigned number, and not by
their names.
5. The Court will conduct voir dire; in so doing, questions will be taken from those
previously proposed by counsel. At the conclusion of the Court's questioning, and if time permits,
counsel may be afforded an opportunity to pose additional questions to the panel. The jury will be
excused when questioning is finished and each side may move to strike for cause. Each side will
then be awarded no more than fifteen (15) minutes for peremptory challenges. Plaintiff’s strikes will
be made first, then defendant’s strikes will be made. The panel will be recalled and the jury will be
seated and sworn.
6. Absent good cause shown, opening statements are limited to fifteen (15) minutes for
each side.
7. No visual aid or exhibit shall be used in the course of trial unless opposing counsel
has been shown the visual aid or exhibit and that item is found and adequately described in an
exhibit list. Absent leave of court, 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 opening statement.
8. 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.
9. 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.
10. 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.
11. Only one (1) counsel per party may examine a witness. See Local Rule 83.3(b).
Absent good cause shown, exhibits will not be circulated to jurors. If you want the jury to see
exhibits during the trial, they should be displayed in a fashion that all jurors may view them at the
same time (i.e., by overhead projection, ELMO, computer projection or the like).
12. 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
except from a place that would intrude into the jury's space. No paper or object shall be placed on
the railing in front of the jury box.
13. Except in unusual circumstances, counsel should stand when addressing the Court or
when examining the witness. See Local Rule 83.3(a).
14. 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.
15. 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.
16. 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.
17. Visible reactions to the testimony of witnesses, counsels' presentations or to the
Court's rulings (such as facial or body gestures) are inappropriate.
18. Conversation with clients and/or co-counsel must be in tones inaudible to the Court
and the jury.
19. 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.
20. The length of closing arguments will be established during the instruction conference.
21. Instructions will be read to the jury before closing arguments. Each juror will be
given a copy of the instructions after closing arguments for use during deliberations.
3
22. After the jury retires, each side shall assemble their exhibits and keep them available
in the courtroom. Counsel and their clients should remain in the courthouse and advise the Court's
staff where they will be located while the jury is deliberating.
23. As a general rule, exhibits requested by the jury will be sent to the jury room. It may
be that the Court will elect to simply send all of the exhibits to the jury room if any are requested. In
either case, only exhibits that have been discussed in the jury’s presence (e.g., during testimony, as
part of a stipulation, or during closing argument) will be sent to the jury room. Exhibits admitted
pursuant to the parties’ stipulation outside of the jury’s hearing will not be made available to the jury
unless they are later referenced in the jury’s presence.
24. After the jury returns its verdict, be prepared to tell the Court if you want the jury
polled.
25. After the jury is dismissed, each counsel must take possession of his/her exhibits from
the courtroom deputy and sign the receipt at the bottom of the exhibit list.
26. 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.
/s/ Greg Kays
GREG KAYS, JUDGE
UNITED STATES DISTRICT COURT
DATE:
4
