IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
_________________ DIVISION
______________________, )
)
Plaintiff, )
)
v. ) Case No. ___________________
)
______________________, )
)
Defendant. )
RULES OF TRIAL
1. Opening statements are limited to thirty (30) minutes for each side.
2. 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.
3. 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.
4. The direct examination of each fact witness, other than parties, shall be no longer
than sixty (60) minutes. Cross-examination shall be no longer than direct. Redirect shall be no
longer than twenty (20) minutes, and recross-examination shall be no longer than redirect. These
time limits shall not be changed except with leave of Court for good cause addressed at the
earliest opportunity available which in most instances should be at or before the pretrial
conference.
5. Only one (1) counsel per party may examine a witness. See Local Rule 83.3(b).
6. Counsel may approach the witness for any legitimate purpose without requesting
permission to do so. However, witnesses shall be interrogated from a reasonable distance and
shall not be badgered.
7. If a podium is provided, counsel may use it but are not required to do so.
8. Except in unusual circumstances, counsel should stand when addressing the Court
or when examining the witness. See Local Rule 83.3(a).
9. 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.
10. 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.
11. Visible reactions to the testimony of witnesses, counsels’ presentations or to the
Court’s rulings (such as facial or body gestures), are inappropriate.
12. Do not converse with your client or co-counsel in a manner that your conversation
may be heard by the Court.
13. 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. The designation for each exhibit shall match the numeric designation for that
exhibit on the exhibit list furnished to the clerk prior to trial.
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14. Witnesses will remain in the witness chair unless leave of court is granted for a
witness to reference an exhibit and then the witness shall return to the witness chair immediately
after referencing the exhibit.
15. No food or drink is allowed in the courtroom except for water.
s/
GARY A. FENNER, JUDGE
UNITED STATES DISTRICT COURT
DATED: _____________________
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