IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
[division] DIVISION
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) Case No.
)
, )
)
Defendant. )
RULES OF JURY TRIAL
1. Court convenes at 8:30 a.m. Counsel shall be in the courtroom on
the first day of the trial not later than 8:00 a.m. The parties may expect morning,
lunch, and afternoon breaks at appropriate times as determined by the Court.
a. The parties shall complete the following at least ten (10) business
days before trial:
i. Submit, to the Courtroom Deputy by email, a joint set of
proposed jury instructions without annotations;
a. Proposed instructions shall be in Word format, in 12-
point Arial font, double-spaced with one-inch margins.
b. Each proposed instruction shall be separated by a
“page-break”.
ii. Submit, to the Courtroom Deputy by email, and file a joint set
of proposed jury instructions with annotations including:
a. The authority on which the instruction is based;
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b. Any alteration or deviation from the applicable
pattern instruction, if any, including clear
demarcation of the suggested change; and
c. Proposed language for filling in/removing any
necessary bracket parenthetical in the text of the
pattern instruction.
iii. File a Notice of Instruction Conference, certifying the parties’
efforts to meet, confer, and draft the joint proposed jury
instructions and providing:
a. Which party objects to which instruction;
b. The legal basis for the objection;
c. The objecting parties’ alternative instruction
(on a separate page); and
d. Any other instruction either party would like
included, not otherwise agreed; and
iv. File a list of proposed questions or topics counsel wants
included in the voir dire examination conducted by the Court.
b. At least five (5) business days before trial:
i. A party seeking to do so may file a trial brief setting forth the
factual and legal contentions upon which the party’s case
theory is based.
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ii. The parties shall provide to the Courtroom Deputy an agreed
statement to be read to the jury panel before voir dire, setting
forth the background of the case and the claims to be asserted.
iii. A party with any objection to the opposing party’s proposed
voir dire questions or topics shall file an indication of that
objection.
c. At least three (3) business days before trial:
i. File and serve list of all exhibits which might be offered at
trial;
a. Each exhibit shall be designated as “Plaintiff’s” or
“Defendant’s,” numbered with an Arabic numeral, and
described. Each party shall number their exhibits in
chronological order. Each party’s numbering scheme
shall be distinct from that of the opposing party, i.e.
Plaintiff’s Exhibit 1; Defendant’s Exhibit 501. If an
exhibit is listed, it must be marked.
b. If an exhibit is more than one page or part, that should
be noted in the description. It is not necessary to list
exhibits that will be used only for impeachment or
rebuttal purposes.
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c. No exhibit will be received in evidence which is not
listed by the counsel offering the exhibit, except by
leave of Court for good cause shown.
ii. File a stipulation setting forth those exhibits for which the
identity and authenticity is not contested; and
iii. Provide an exhibit index to the Courtroom Deputy on the form
provided by the Clerk’s Office.
2. JURY TRIAL RULES AND PROCEDURE:
a. Counsel table – Only attorneys and participants sitting at counsel
table at the beginning of voir dire will be permitted to sit at counsel
table at any point throughout the trial.
b. Decorum – Except under extraordinary circumstances, counsel and
others shall stand as Court is opened, recessed, or adjourned; as the
jury enters and retires from the courtroom; as he or she addresses the
Court or is addressed by the Court; and as he or she examines a
witness. (L.R. 83.3). Counsel shall not lean into or otherwise
encroach on the jury’s space and shall not place papers or his or her
hands on the railing of the jury box. All counsel and parties appearing
shall be dressed appropriately. No food or drink is allowed in the
courtroom, except for water in the cups provided.
c. Professionalism – Counsel shall address all remarks, with the
exception of witness examination, to the Court and not to opposing
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counsel, and shall avoid any disparaging remarks, especially those of
a personal nature. Counsel shall treat adverse witnesses and parties
with fairness and consideration. No abusive language or offensive
personal references will be tolerated. Visible physical reactions to
witness’s testimony, counsel’s presentation, or Court rulings are
inappropriate. Counsel shall not converse among each other or with
a client in a manner that may be overheard.
d. Voir dire - The Court will conduct voir dire with reference to the
parties’ proposed questions and topics. Thereafter, counsel may be
afforded an opportunity to pose follow-up or clarifying questions to
the panel. After questioning, the panel will be excused and each side
may move to strike for cause.
e. Opening / Closing Statements - Absent good cause shown, any
opening statement shall not exceed thirty (30) minutes. The duration
of closing arguments will be established during the jury instruction
conference after the presentation of evidence. Instructions will be
read to the jury before closing arguments.
f. Objections - When making an objection, counsel should say only
“objection,” plus the legal reason for the objection (i.e., leading,
hearsay, etc.). If objecting counsel seeks to explain the objection or
if opposing counsel seeks to defend against the objection, counsel
shall request leave to approach the bench. Objections to evidence
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should be made only by counsel handling the witness. Objections
during opening statements or closing arguments should be made only
by counsel making the opening statement or closing argument.
g. Witness Testimony - Witness interrogation shall consist of: (1) direct
examination; (2) cross-examination; (3) redirect examination; and
(4) re-cross-examination. No further questioning will be permitted,
except by leave of Court in extraordinary circumstances.
i. Only one counsel per side may examine a witness.
ii. Counsel shall request permission from the Court to approach
a witness for a legitimate purpose. Once permission is granted,
counsel may approach the witness without requesting
subsequent specific permission.
iii. Counsel may, but is not required to, use the podium provided
when questioning a witness. In the event counsel declines to
use the podium, a will be questioned only from a reasonable
distance.
iv. After counsel questions an expert witness about his or her
qualifications, counsel shall not ask the Court to declare the
witness an expert.
v. Witnesses will remain in the witness chair for the duration of
his or her testimony, unless leave of Court is granted. To the
extent necessary and appropriate, the Court may permit a
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witness to temporarily stand to reference an exhibit, but in
general, a witness will not be permitted to testify while
standing in front of the jury.
vi. Witnesses who will be testifying from exhibits or about
exhibits will be expected to have reviewed them before their
testimony so as to avoid the need for the witness to take Court
time to review the exhibit.
vii. Testimony will not be interrupted to deal with evidentiary
matters that could have been heard in advance of trial. The
Court will consider those matters during recess, at noon break,
or at the end of the day.
h. Exhibits – Any exhibits for which admission is sought shall be
marked and accurately reflected and described in the Exhibit Index.
i. All exhibits used at trial as part of a party’s presentation of
evidence, regardless whether the exhibit has been admitted,
must remain available for use by other parties for the
remainder of the trial.
ii. Exhibits will rarely be circulated to jurors. If counsel wants
the jury to see an admitted exhibit during trial, such exhibit
should be displayed in such a fashion that all jurors may view
the exhibit at the same time (i.e., by projector).
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iii. After the jury retires to consider its verdict, counsel for each
party shall assemble all of their exhibits and keep them
available.
iv. After the jury is dismissed, counsel for each party must take
possession of his or her exhibits from the Courtroom Deputy
and sign the receipt at the bottom of the Exhibit List.
i. Deliberations – Each juror will be provided with a copy of the jury
instructions for use during deliberations. Counsel and the parties
should remain in the courthouse and advise the Courtroom Deputy
where they will be located while the jury is deliberating. After the
jury returns its verdict, counsel should be prepared to indicate
whether they would like the jury polled.
IT IS SO ORDERED.
DATED: date /s/ Brian C. Wimes
BRIAN C. WIMES, CHIEF JUDGE
UNITED STATES DISTRICT COURT
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