Civil Rules of Trial for Jury Trials - MDH; Proposed Scheduling Order/Discovery Plan - MDH; Civil Rules of Trial for Non-Jury Trials - MDH

=== Civil Rules of Trial for Jury Trials - MDH ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI ____________ DIVISION ____________________, Plaintiff(s), vs. ____________________, Defendant(s). Case No. __________________ RULES OF JURY 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. The Court will conduct an initial voir dire to elicit general information and propound questions from the parties’ proposed voir dire. At the conclusion of the Court’s questioning, counsel will be afforded the opportunity to suggest follow-up or clarifying questions to the Court. Under some limited circumstances counsel may be allowed to pose follow-up questions and clarifying questions directly to panel members. 3. 4. Opening statements will be limited to twenty (20) minutes for each side. 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. The interrogation of each witness shall consist of: (1) direct examination; (2) cross-examination; (3) redirect examination; and (4) recross examination. Redirect examination will be limited to issues addressed in cross examination. Recross examination will be limited to issues addressed in redirect examination. No further questioning will be permitted except by leave of Court in extraordinary circumstances. 6. 7. Only one (1) counsel per party may examine a witness. 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 treated fairly and respectfully. 8. If a podium is provided, counsel may use it, but are not required to do so. However, counsel will not be allowed to intrude into the jury’s space. Furthermore, no paper, object, or hands of counsel shall be placed on the railing in front of the jury box. 9. Except in unusual circumstances, counsel should stand when addressing the Court or when examining the witness. See Local Rule 83.3(a). 10. 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. 11. 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. 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 2 leave to approach the bench. Bench conferences are discouraged. 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. Counsel should notify the Court of anticipated evidentiary issues at the pretrial conference. When that is not possible, counsel should advise the Court of an anticipated evidentiary issue on the morning the witness is expected to take the stand and testify regarding the issue. 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 (such as facial or body gestures) to the testimony of witnesses, counsels’ presentations, the Court’s rulings, or the verdict, are inappropriate. 15. Do not converse with your client or co-counsel or during a bench conference in a manner that your conversation may be heard by the jury. 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. The designation for each exhibit shall match the numeric designation for that exhibit on the exhibit list furnished to the clerk prior to trial. 17. 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. Witnesses will not be allowed to testify standing in front of the jury without leave of court to do so. Leave will only be granted as deemed necessary and appropriate. 3 18. All exhibits utilized at trial as part of a party’s presentation of evidence, regardless of whether admitted or not, must be kept available for use by other parties during the remainder of the trial. 19. No food or drink is allowed in the courtroom except for water. 20. The length of closing arguments will be established during the instruction conference. 21. Instructions will be read to the jury before closing arguments. The jury will be given a copy of the instructions after closing arguments for use during deliberations. 22. After the jury retires, each side shall assemble their exhibits and keep them available in the courtroom. Unless granted leave of Court, 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. After the jury returns its verdict, be prepared to tell the Court if you want the jury polled. 24. 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. ______________________________ DOUGLAS HARPOOL UNITED STATES DISTRICT JUDGE DATED: _________________ 4

=== Proposed Scheduling Order/Discovery Plan - MDH ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI ____________ DIVISION ________________________, Plaintiff(s), vs. ________________________, Defendant(s). Case No. _____________-MDH PROPOSED SCHEDULING ORDER/DISCOVERY PLAN Pursuant to Rules 16(b) and 26(f) of the Federal Rules of Civil Procedure, the parties are Ordered to comply with the following Schedule and Order: A. PLEADINGS. 1. Any motion to join additional parties shall be filed on or before _________________. 2. Any motion to amend the pleadings shall be filed on or before _________________. B. MEDIATION AND ASSESSMENT PROGRAM (MAP) In cases assigned to the Court’s Mediation and Assessment Program (MAP), the MAP General Order requires that parties assigned to the outside mediator category electronically file the Designation of Mediator within fourteen (14) calendar days after the Rule 26 meeting and mediate the case within seventy-five (75) calendar days after the Rule 26 meeting. The parties are reminded to consult the MAP General Order, Section V, regarding general procedures and requests for extensions of time related to the Mediation and Assessment Program. C. DISCOVERY. The parties are ORDERED to work cooperatively and communicate regularly so that discovery can be completed in as cost-efficient manner as possible. Counsel shall conduct themselves consistent with their roles as officers of the court and to treat each other, all parties, and witnesses in a professional, courteous and respectful manner. Communication from opposing counsel shall receive prompt and responsive replies. The parties are expected to review the Principles for the Discovery of Electronically Stored Information prior to the Rule 26(f) conference and to discuss the corresponding Checklist for Rule 26(f) Meet and Confer during the conference. Both documents are available on the Court’s website under “District Court Local Rules, ESI Principles, Procedures & Fees https://www.mow.uscourts.gov/district/rules. All pretrial discovery authorized by the Federal Rules of Civil Procedure shall be conducted consistent with the Rules of Civil Procedure and the Local Rules of the Western District of Missouri. Discovery shall be completed on or before _________________. This means that all discovery shall be completed, not simply submitted, on the date specified by this paragraph. Accordingly, all discovery requests and depositions shall be submitted and/or scheduled prior to the date specified in this paragraph and shall allow sufficient time for completion within the time specified by the Federal Rules of Civil Procedure, the Local Court Rules, and/or orders of this Court. The Court reserves the right to exercise control over the taking of depositions. D. EXPERTS. 1. The plaintiff shall designate any expert witnesses on or before _________________, and the defendant shall designate any expert witnesses on or before 2 _________________. This paragraph applies to all witnesses from whom expert opinions will be elicited, regardless of whether or not the witness was specially retained to provide trial testimony. This includes any person who may present evidence under Rules 702, 703 or 705 of the Federal Rules of Civil Procedure. 2. Along with each party’s designation of expert witnesses, each party shall provide the other parties with an affidavit from each expert witness designated pursuant to paragraph 1 above. See FRCP 26(a)(2)(B). The affidavit shall include a complete statement of all opinions to be expressed and the basis and reasons therefor, the data or other information considered by the witness in forming the opinions, any exhibits to be used as a summary of or support for the opinions, the qualifications of the witness (including a list of all publications authored by the witness within the preceding ten years), the compensation to be paid for the study and testimony, and a listing of any other cases in which the witness has testified as an expert at trial or by deposition within the preceding four years. The expert’s testimony will be limited to opinions and information contained in the report and in any depositions that might be taken. 3. With respect to treating physicians, the requirements of paragraph 2 above and FRCP 26(a)(2)(B) may be satisfied by providing a copy of all the treating physician’s files, records and notes relating to the treating physician’s patient to the opposing party. For the purpose of this paragraph, a “treating physician” is a doctor (including psychiatrist, dentist or other practitioner of the healing arts) retained by a party for the primary purpose of providing care and treatment and not retained for the primary purpose of providing testimony at trial. Any testimony offered by a treating physician will be limited to information appearing in his/her files, records and notes relating to the patient unless additional opinions are disclosed in an affidavit or in the physician’s deposition as described in paragraph 2 above. 3 4. Experts will be made available for deposition in the order in which they are disclosed and within thirty (30) days of the date they are disclosed unless otherwise agreed upon by the parties. E. DISCOVERY MOTIONS. Absent extraordinary circumstances, all discovery motions will be filed on or before _________________. See Local Rule 37.1 for procedures that must be followed before filing a discovery motion. The Court will not entertain any discovery motion absent full compliance with Local Rule 37.1. Any discovery motion filed without complying with Local Rule 37.1 will be denied. Prior to bringing any discovery dispute before the Court, the parties are reminded to consult the Principles for the Discovery of Electronically Stored Information available on the Court’s website under “District Court Local Rules, ESI Principles, Procedures & Fees https://www.mow.uscourts.gov/district/rules. In the event that a teleconference is needed, my courtroom deputy may be reached at 417-865-3741. All teleconference requests should be directed to her. Each party to the dispute shall fax a description of the discovery dispute, not to exceed one page in length, to the Court at 417-865-2618, and to opposing counsel at least 24 hours before the teleconference. F. BUSINESS RECORDS. All parties must notify all other parties of any business records they intend to “self- authenticate” pursuant to Federal Rules of Evidence 803(6), 902(11) and 902(12) on or before _________________. A Certificate of Service signifying compliance shall be filed with the Court. 4 G. DAUBERT MOTIONS. All motions to strike expert designations or preclude expert testimony premised on Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) shall be filed on or before _________________. The deadline for filing motions in limine does not apply to these motions. Failure to file a Daubert motion prior to this deadline will constitute a waiver of any arguments based on Daubert. H. DISPOSITIVE MOTIONS. All dispositive motions, except those under FRCP 12(h)(2) or (3), shall be filed on or before _________________. All motions for summary judgment shall comply with Local Rule 56.1. I. EXTENSIONS OF TIME. 1. All motions for extension of time pursuant to FRCP 6(b) or FRCP 31, 33, 34 and 36 must state: a. b. c. The date when the pleading, response or other action is/was first due; The number of previous extensions and the date the last extension expires; The cause for the requested extension, including a statement as to why the action due has not been completed in the allotted time; and d. Whether the requested extension is approved or opposed by opposing counsel (agreement by counsel to a requested extension is not binding on the Court). 5 J. TRIAL SETTING. The Court will schedule a telephone conference to set this case for trial after the Court has ruled on dispositive motions. If dispositive motions are not being filed, a Notice shall be filed after the close of discovery requesting a telephone conference to set the case for trial. (Rev. 09/22/2023) 1. Do NOT add a signature line for the Judge. 2. Add Attorney Signature Blocks. 3. This form should be completed and filed with the Court through the EM/ECF system using Civil – Other Filings – Other Documents – Proposed Scheduling Order. 4. A copy of your filing should be e-mailed to Judge Harpool’s Courtroom Deputy in Word format. 6

=== Civil Rules of Trial for Non-Jury Trials - MDH ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI ____________ DIVISION ____________________, Plaintiff(s), vs. ____________________, Defendant(s). Case No. __________________ RULES OF BENCH 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. The parties may expect morning and afternoon breaks at appropriate times. Lunch break normally will be taken at noon. 2. 3. Opening statements will be limited to twenty (20) minutes for each side. 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. 4. The interrogation of each witness shall consist of: (1) direct examination; (2) cross-examination; (3) redirect examination; and (4) recross examination. Redirect examination will be limited to issues addressed in cross examination. Recross examination will be limited to issues addressed in redirect examination. No further questioning will be permitted except by leave of Court in extraordinary circumstances. 5. Only one (1) counsel per party may examine a witness. 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 treated fairly and respectfully. 7. 8. If a podium is provided, counsel may use it, but are not required to do so. 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. 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. 11. 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. 12. 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. 13. Visible reactions (such as facial or body gestures) to the testimony of witnesses, counsels’ presentations, the Court’s rulings, or the decision of the Court, are inappropriate. 14. 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. 2 15. 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. 16. All exhibits utilized at trial as part of a party’s presentation of evidence, regardless of whether admitted or not, must be kept available for use by other parties during the remainder of the trial. 17. No food or drink is allowed in the courtroom except for water. 18. The length of closing arguments will be established by the Court during the trial. 19. After the conclusion of the trial, each counsel must take possession of his/her exhibits from the courtroom deputy and sign the receipt at the bottom of the exhibit list. _____________________________ DOUGLAS HARPOOL UNITED STATES DISTRICT JUDGE DATED: _________________ 3