Civil Scheduling and Jury Trial Order - GAF; Civil Rules of Trial for Jury Trials - GAF; Civil Scheduling and Bench Trial Order - GAF; Civil Rules of Trial for Non-Jury Trials - GAF

=== Civil Scheduling and Jury Trial Order - GAF ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION , Plaintiff, Defendant. ) v. , Case No.: **-****-CV-W-GAF SCHEDULING AND JURY TRIAL ORDER Pursuant to Rules 16(b) and 26(f) of the Federal Rules of Civil Procedure, and upon consideration of the parties= views in the matter, the following schedule is hereby established: 1. 2. 3. Any motion to join additional parties shall be filed on or before __________. Any motion to amend the pleadings shall be filed on or before ____________. All discovery motions relating to fact discovery shall be filed on or before _________________. 4. All pretrial fact discovery authorized by the Federal Rules of Civil Procedure 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. 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. In the event that a teleconference is needed, my Judicial Assistant/Courtroom Deputy may be reached at 816-512-5660. All teleconference requests should be directed to her. A description of the discovery dispute, not to exceed one page in length, should be emailed to my Judicial Assistant/Courtroom Deputy at [email protected] and my law clerk at [email protected] by movant within twenty-four (24) hours of the teleconference. 5. Teleconferences by cell phone are discouraged. Counsel must have a clear connection without interference from background noise. Otherwise, counsel may be disconnected and considered as having failed to appear. 6. Plaintiff shall designate any expert witnesses he/she intends to call at trial on or before ____________. Defendant shall designate any expert witnesses he/she intends to call at trial on or before ________________. This paragraph applies to all witnesses from whom expert opinions will be elicited, regardless of whether the witness was specially retained to provide trial testimony. 7. 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 6 above. 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. 2 Expert witnesses may testify only as to matters contained in the affidavit described above unless leave of Court is granted upon good cause shown. 8. With respect to treating physicians who will testify as to treatment provided, the requirements of paragraph 7 of this Order 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 Atreating physician@ is a doctor (including psychiatrist, dentist or other practitioner of the healing arts) retained by a party prior to retaining counsel in this matter. A treating physician will not be allowed to give expert testimony beyond the treatment provided by said physician unless designated as an expert as required under paragraph 6 of this Order. A treating physician who will provide expert testimony beyond the treatment provided by said physician must further comply with the requirements of paragraph 7 of this Order. 9. All dispositive motions, except those under Rule 12(h)(2) or (3), shall be filed on or before ____________. All dispositive motions shall have a separate section wherein each statement of fact is individually numbered so that any party opposing such motion may refer specifically to a genuine issue of material fact. Suggestions in opposition to a dispositive motion shall begin with a concise listing of material facts as to which the party contends a genuine dispute exists. All motions for summary judgment shall comply with Local Rules 7.1 and 56.1. 10. All motions for extension of time pursuant to Rule 6(b) or Rules 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 3 d. Whether the requested extension is jointly agreed to and if so, a motion signed by ALL parties should be filed or a separate response of opposing counsel agreeing to the motion should be filed. The motion WILL NOT be ruled prior to the expiration of the response time without opposing counsel’s signature on the motion or a separate consent having been filed. (Agreement by counsel of a requested extension is not binding on the Court). 11. This case is scheduled for a jury trial, commencing at 9:00 a.m., on ___________, United States District Courthouse in Kansas City, Missouri. 12. A final pretrial conference in this case will be held at a.m./p.m., on ______________, via telephone conference initiated by plaintiff's /defendant’s counsel; the Court’s telephone number is 816-512-5660. Lead trial counsel shall participate in this conference. The agenda for this conference will include: a. b. c. d. e. Identification of facts not in dispute to which the parties will stipulate, in order to save trial time; Identification of legal and factual issues to be tried; Disposition of pending motions; Discussion of any legal questions which must be resolved prior to trial; Discussion of any suggestions by counsel to simplify and expedite the trial; and f. Discussion of the status and likely success of settlement negotiations. 13. The following documents shall be filed prior to the pretrial conference: a. b. Motions in limine shall be filed at least ten (10) days prior to the pretrial conference. Responses to motions in limine shall be filed at least three (3) days prior to the pretrial conference. At least three (3) days prior to the date the pretrial conference is to be held, the parties shall file a stipulation of any uncontroverted facts. If no stipulated facts can be agreed upon, including facts related to the Court=s 4 c. d. e. subject matter jurisdiction, the parties shall file a joint statement to that effect. Notwithstanding the fact that the time for discovery will have closed, a request to stipulate, if preserved in the record, will constitute a request for admission under Rule 36 and failure to stipulate may be subject to sanctions under Rule 37(c). At least three (3) days prior to the date the pretrial conference is to be held, the parties shall file a stipulation as to the admissibility of evidence, when the identification and foundation of the exhibit is not to be contested. Notwithstanding the fact that the time for discovery will have closed, a request to stipulate, if preserved in the record, will constitute a request for admission under Rule 36 and failure to stipulate may be subject to sanctions under Rule 37(c). At least three (3) days prior to the date the pretrial conference is to be held, each party shall file and serve a list of all witnesses who may be called at trial. If a witness is not listed by a party, that witness will not be permitted to testify absent leave of Court and then only for the purpose of unanticipated rebuttal or impeachment. After the time for filing lists of witnesses has expired, no supplemental or amended list will be filed without leave of Court and for good cause. on the Court’s At least three (3) days prior to the date the pretrial conference is to be held, that party will file and serve a list of all exhibits which may be offered at trial. The parties shall additionally prepare and provide to the courtroom deputy an exhibit index, with said index being prepared on a form that is available at website https://www.mow.uscourts.gov/forms/district. Each exhibit will be designated as either APlaintiff=s@ or ADefendant=s,@ numbered with an Arabic numeral and described following the enumeration. If an exhibit consists of more than one (1) page or part, the number of pages or parts shall be included in the description. The exhibit number must be marked on each exhibit at the time of listing. It is not necessary to list exhibits to be used only for rebuttal purposes. Except by leave of Court for good cause, no exhibit will be received in evidence which is not listed by the counsel offering the exhibit. After the time for filing lists of exhibits has expired, no supplemental or amended list of exhibits will be filed without leave of Court for good cause. f. Ten (10) days before the date the pretrial conference is to be held, each party asserting an affirmative claim or claims for relief (plaintiff, third-party plaintiff, counterclaiming defendant, etc.), shall file and serve a designation, by page and line number, of any deposition testimony to be offered in evidence as a part of that party=s case. 5 g. At least five (5) days prior to the date the pretrial conference is to be held, each party defending against an affirmative claim for relief shall file and serve: i. ii. iii. Any objections to proposed deposition testimony designated by any other party; A designation, by page and line number, of any deposition testimony to be offered as cross-examination to deposition testimony designated by other parties; and A designation, by page and line number, of any deposition testimony to be offered in evidence as part of that party=s case-in-chief in connection with such defense. h. On or before the date the pretrial conference is to be held, each party shall serve, file and deliver to all other parties its objections to any deposition testimony designated pursuant to subparagraphs g. ii. and iii. above. 14. The following documents shall be filed prior to trial: a. Two (2) weeks prior to trial, the parties shall jointly file on CM/ECF an original (without sources) and an annotated (with sources) set of proposed jury instructions. Proposed annotated instructions shall reflect the authorities upon which the instruction is based and should be taken from or drawn in the manner of Model Civil Jury Instructions for the District of Courts of the Eighth Circuit and/or Missouri Approved Instructions (MAI) where available and appropriate. All instructions shall be designated as "Instruction No. ___" without indicating which party proposed the instruction. Parties shall also email to my Judicial Assistant/Courtroom Deputy at [email protected] and to my law clerk at [email protected], in MS Word format both the original and annotated copies of the instructions, in separate documents. The Court prefers to receive joint instructions from the parties. Separate instructions are appropriate only when the parties cannot agree upon a specific instruction. In that instance, counsel shall state in writing the reason for the objection with authority cited as well as an alternative instruction. The deadline for submitting objections and alternative proposed instructions is one (1) week before the date of trial. 6 b. c. At least five (5) days prior to the date of trial, counsel for each party may file a trial brief stating the factual and legal contentions for the party for whom the trial brief is filed. At least ten (10) days prior to the date of trial, counsel for each party is requested to file a list of questions or topics for voir dire examination desired to be propounded by the Court. Objections to opposing party=s voir dire questions shall be filed at least five (5) days prior to trial. 15. The Court may place time limits on opening statements, and direct and cross- examination of all witnesses. You should be prepared to support your representations as to the length of trial. 16. In order to ensure the efficient use of time during trial, the following rules of Court will be imposed: a. b. c. d. All legal issues must be raised in advance of trial by written motions and in accordance with the scheduling order of this Court; Motions will not be heard during trial without a strong showing that counsel could not, by due diligence, have raised them sooner; 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. Counsel should be prepared with written authority for their positions; and Witnesses who will be testifying from exhibits or about exhibits should review them immediately prior to their testimony. IT IS SO ORDERED. DATED: s/ GARY A. FENNER, JUDGE UNITED STATES DISTRICT COURT NOTE: This is an example of what Judge Fenner’s Scheduling and Jury Trial Order will look like when entered. The Proposed Scheduling Order filed by the parties should NOT contain a signature line for Judge Fenner but should be signed by the parties. 7

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

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI _________ DIVISION _____________________, Plaintiff, vs. _____________________, Defendant. Case No. _______________________ RULES OF TRIAL 1. The Court will conduct an initial voir dire to elicit general information. At the conclusion of the Court’s questioning, counsel will be afforded no longer than fifteen (15) minutes for each side to pose additional questions to the panel, unless prior approval is obtained from the Court. 2. 3. Opening statements are limited to thirty (30) 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) re-cross examination. No further questioning will be permitted except by leave of Court in extraordinary circumstances. 5. 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 1 earliest opportunity available which in most instances should be at or before the pretrial conference. 6. 7. Only one (1) counsel per party may examine a witness. See Local Rule 83.3(b). 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. 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 or object 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. 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. 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. After counsel questions an expert about his/her qualifications, do not ask the Court to declare the witness an expert. 13. Visible reactions to the testimony of witnesses, counsels’ presentations or to the Court’s rulings (such as facial or body gestures), are inappropriate. 2 14. Do not converse with your client or co-counsel in a manner that your conversation may be heard by the Court. 15. 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. 16. 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. 17. Blow-up exhibits are to be displayed between the jury box and back wall (bench side of courtroom) in a fashion that allows them to be seen by the jury and the judge. 18. Excessive bench conferences will not be allowed. 19. The court will determine when breaks in the trial will take place. Counsel should not request or suggest a break except at the bench because of unusual circumstances. 20. No food or drink is allowed in the courtroom except for water. 21. The length of closing arguments will be established during the instruction conference. 22. 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. 23. 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. 3 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. s/ GARY A. FENNER, JUDGE UNITED STATES DISTRICT COURT DATED: ________________ 4

=== Civil Scheduling and Bench Trial Order - GAF ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION , Plaintiff, v. , Defendant. Case No.: **-****-CV-W-GAF SCHEDULING AND BENCH TRIAL ORDER Pursuant to Rules 16(b) and 26(f) of the Federal Rules of Civil Procedure, and upon consideration of the parties= views in the matter, the following schedule is hereby established: 1. Any motion to join additional parties shall be filed on or before XX. 2. Any motion to amend the pleadings shall be filed on or before XX 3. All discovery motions relating to fact discovery shall be filed on or before XX 4. All pretrial discovery authorized by the Federal Rules of Civil Procedure shall be completed on or before XX. 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. 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. In the event that a teleconference is needed, my Judicial Assistant/Courtroom Deputy may be reached at 816-512-5660. All teleconference requests should be directed to her. A description of the discovery dispute, not to exceed one page in length, should be emailed to my Judicial Assistant/Courtroom Deputy at [email protected] and my law clerk at [email protected] within three hours of the teleconference. The movant is responsible for initiating the call. 5. The plaintiff shall designate any expert witnesses he/she intends to call at trial on or before XX, and the defendant shall designate any expert witnesses he/she intends to call at trial on or before XX. This paragraph applies to all witnesses from whom expert opinions will be elicited, regardless of whether the witness was specially retained to provide trial testimony. 6. 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 5 above. The affidavit shall include a complete statement of all opinions to be expressed and the bases 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. Expert witnesses may testify only as to matters contained in the affidavit described above unless leave of Court is granted upon good cause shown. 7. With respect to treating physicians who will testify as to treatment provided, the requirements of paragraph 6 of this Order 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. 2 For the purpose of this paragraph, a Atreating physician@ is a doctor (including psychiatrist, dentist or other practitioner of the healing arts) retained by a party prior to retaining counsel in this matter. A treating physician will not be allowed to give expert testimony beyond the treatment provided by said physician unless designated as an expert as required under paragraph 5 of this Order. A treating physician who will provide expert testimony beyond the treatment provided by said physician must further comply with the requirements of paragraph 6 of this Order. 8. All dispositive motions, except those under Rule 12(h)(2) or (3), shall be filed on or before XX. All dispositive motions shall have a separate section wherein each statement of fact is individually numbered so that any party opposing such motion may refer specifically to a genuine issue of material fact. Suggestions in opposition to a dispositive motion shall begin with a concise listing of material facts as to which the party contends a genuine dispute exists. All motions for summary judgment shall comply with Local Rules 7.1 or .2 and 56.1. 9. All motions for extension of time pursuant to Rule 6(b) or Rules 31, 33, 34 and 36 must state: a. b. c. d. 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 Whether the requested extension is jointly agreed to and if so, a motion signed by ALL parties should be filed or a separate response of opposing counsel agreeing to the motion should be filed. The motion WILL NOT be ruled prior to the expiration of the response time without opposing counsel’s signature on the motion or a separate consent having been filed. (Agreement by counsel of a requested extension is not binding on the Court). 3 10. This case is scheduled for a bench trial, commencing at 9:00 a.m., on ______________, at the United States District Courthouse in Kansas City, Missouri. 11. Teleconferences by cell phone are discouraged. Counsel must have a clear connection without interference from background noise. Otherwise, counsel may be disconnected and considered as having failed to appear. 12. A final pretrial conference in this case will be held at a.m./p.m., on ___________, via telephone conference initiated by __________ counsel; the Court’s telephone number is 816- 512-5660. Lead trial counsel shall participate in this conference. The agenda for this conference will include: a. b. c. d. e. Identification of facts not in dispute to which the parties will stipulate, in order to save trial time; Identification of legal and factual issues to be tried; Disposition of pending motions; Discussion of any legal questions which must be resolved prior to trial; Discussion of any suggestions by counsel to simplify and expedite the trial; and f. Discussion of the status and likely success of settlement negotiations. 13. Prior to the pretrial conference, the following documents shall be filed: a. b. Motions in limine shall be filed at least ten (10) days prior to the pretrial conference. Responses to motions in limine shall be filed at least three (3) days prior to the pretrial conference. At least three (3) days prior to the date the pretrial conference is to be held, the parties shall file a stipulation of any uncontroverted facts. If no stipulated facts can be agreed upon, including facts related to the Court=s subject matter or personal jurisdiction, the parties shall file a joint statement to that effect. Notwithstanding the fact that the time for discovery will have closed, a request to stipulate, if preserved in the record, will constitute a 4 c. d. e. f. g. request for admission under Rule 36 and failure to stipulate may be subject to sanctions under Rule 37(c). At least three (3) days prior to the date the pretrial conference is to be held, the parties shall file a stipulation as to the admissibility of evidence, when the identification and foundation of the exhibit is not to be contested. Notwithstanding the fact that the time for discovery will have closed, a request to stipulate, if preserved in the record, will constitute a request for admission under Rule 36 and failure to stipulate may be subject to sanctions under Rule 37(c). At least three (3) days prior to the date the pretrial conference is to be held each party shall file and serve a list of all witnesses who may be called at trial. If a witness is not listed by a party, that witness will not be permitted to testify absent leave of Court and then only for the purpose of unanticipated rebuttal or impeachment. After the time for filing lists of witnesses has expire, no supplemental or amended list will be filed without leave of Court and for good cause. At least three (3) days prior to the date the pretrial conference is to be held that party will file and serve a list of all exhibits which may be offered at trial. The parties shall additionally prepare and provide to the courtroom deputy an exhibit index, with said index being prepared on a form provided by the clerk=s office. Each exhibit will be designated as either APlaintiff=s@ or ADefendant=s,@ numbered with an Arabic numeral and described following the enumeration. If an exhibit consists of more than one (1) page or part, the number of pages or parts shall be included in the description. The exhibit number must be marked on each exhibit at the time of listing. It is not necessary to list exhibits to be used only for rebuttal purposes. Except by leave of Court for good Cause, no exhibit will be received in evidence which is not listed by the counsel offering the exhibit. After the time for filing lists of exhibits has expired, no supplemental or amended list of exhibits will be filed without leave of Court for good cause. Ten (10) days before the date the pretrial conference is to be held, each party asserting an affirmative claim or claims for relief (plaintiff, third-party plaintiff, counterclaiming defendant, etc.), shall file and serve a designation, by page and line number, of any deposition testimony to be offered in evidence as a part of that party=s case. At least five (5) days before the date the pretrial conference is to be held, each party defending against an affirmative claim for relief shall file and serve: 5 I. ii. iii. Any objections to proposed deposition testimony designated by any other party; A designation, by page and line number, of any deposition testimony to be offered as cross-examination to deposition testimony designated by other parties; and A designation, by page and line number, of any deposition testimony to be offered in evidence as part of that party=s case-in- chief in connection with such defense. h. On or before the pretrial conference, each party shall serve, file and deliver to all other parties its objections to any deposition testimony designated pursuant to subparagraph g. ii. and iii. above. 14. The following documents shall be filed prior to trial: a. b. At least five (5) days prior to the date of trial, counsel for each party may file a trial brief stating the factual and legal contentions for the party for whom the trial brief is filed. At least five (5) days prior to the date of trial, counsel for each party are required to file proposed findings of fact and conclusions of law. Parties shall also submit computer disks containing their proposed findings of fact and conclusions of law. A courtesy copy of the proposed findings of fact and conclusions of law shall be emailed to my Judicial Assistant/Courtroom Deputy, clerk, [email protected] in Microsoft Word or compatible software format at the time of filing. [email protected] and my law 15. The Court may place time limits on opening statements, and direct and cross- examination of all witnesses. You should be prepared to support your representations as to the length of trial. 16. In order to ensure the efficient use of time during trial, the following rules of Court will be imposed: a. All legal issues must be raised in advance of trial by written motions and in accordance with the scheduling order of this Court; 6 b. Motions will not be heard during trial without a strong showing that counsel could not, by due diligence, have raised them sooner; c. 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. Counsel should be prepared with written authority for their positions; and d. Witnesses who will be testifying from exhibits or about exhibits should review them immediately prior to their testimony. IT IS SO ORDERED. DATED: GARY A. FENNER, JUDGE UNITED STATES DISTRICT COURT NOTE: This is an example of what Judge Fenner’s Scheduling and Bench Trial Order will look like when entered. The Proposed Scheduling Order filed by the parties should NOT contain a signature line for Judge Fenner but should be signed by the parties. 7

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

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI _________________ DIVISION ______________________, Plaintiff, v. ______________________, Defendant. Case No. ___________________ RULES OF TRIAL 1. 2. Opening statements are limited to thirty (30) 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. 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. 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. 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. 2 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: _____________________ 3