Civil Scheduling and Trial Orders for Jury Trials - DGK; Criminal Rules of Trial for Jury Trials - DGK; Initial Standing Order for Civil Cases - DGK; Civil Rules of Trial for Jury Trials - DGK; Civil Scheduling and Trial Orders for Non-Jury Trials - DGK; Civil Rules of Trial for Non-Jury Trials - DG

=== Civil Scheduling and Trial Orders for Jury Trials - DGK ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION NAME, NAME, Plaintiff, v. Defendant. No. XXXXXX-DGK SCHEDULING AND 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 schedule below is hereby established. Please note the Court has not adopted the parties’ recommendations with respect to several deadlines. The parties may not make any changes to this order, including amending the key dates, without the Court’s express written approval. Key Dates 1. 2. 3. 4. 5. 6. 7. 8. 9. Motions to join additional parties shall be filed on or before . Motions to amend the pleadings shall be filed on or before . Any choice of law motion or motion to raise an issue of foreign law shall be filed on or before (approximately halfway through discovery). Joint discovery status report shall be filed on _____ (approximately 120 days after the Court enters the scheduling order). Plaintiff’s expert designations shall be filed on or before (60-90 days before discovery due), and any such expert shall be made available for deposition by DATE + 30 days. Defendant’s expert designations shall be filed on or before (30-60 days before discovery due), and any such expert shall be made available for deposition by DATE + 30 days. Any motion pertaining to collateral estoppel, including any motion to establish facts by collateral estoppel, shall be filed on or before (60 days before discovery due). Discovery motions shall be filed on or before (4 weeks before close of discovery). Discovery shall be completed on or before . Template Scheduling Order for Jury Trial as of 3-1-2024 10. Motions to strike expert designations shall be filed on or before . Dispositive motions shall be filed on or before (30 days after 11. discovery completed). 12. Motions in limine shall be filed twenty-eight (28) days prior to the pretrial 13. 14. conference. Deposition designations; stipulation of uncontroverted facts; stipulation as to the admissibility of evidence; witness lists; exhibit lists; and list of remaining claims shall be filed fourteen (14) days prior to the pretrial conference. Objections to deposition designations and deposition designations by party defending against an affirmative claim shall be filed seven (7) days prior to the pretrial conference. The pretrial conference is scheduled to be held at .m. on . Jury instructions and voir dire questions shall be filed fourteen (14) days prior to trial. Trial briefs shall be filed fourteen (14) days prior to trial. 15. 16. 17. 18. The trial is scheduled to commence at 8:00 a.m. on , for days. Amendment of Pleadings 1. 2. Any motion to join additional parties shall be filed on or before . Any motion to amend the pleadings shall be filed on or before . Discovery 1. Motions. All discovery motions shall be filed four weeks prior to the final discovery deadline, on or before . Except in extraordinary circumstances, problems with discovery which are not brought to the Court’s attention in time for the opponent to make a proper response and the Court to make an informed ruling before the close of discovery will be waived. 2. Discovery Dispute Procedure. 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. a. Scheduling a telephone conference. A party seeking a telephone conference with the Court to resolve a discovery dispute shall email the Courtroom Deputy, Ms. Tracy Strodtman, at [email protected]. Opposing counsel shall be copied on this email. The email should provide a short explanation of the dispute and certify compliance with Rule 37.1. The Court 2 may then schedule a telephone conference to discuss the discovery dispute with the parties. b. Position memorandum. At least three days (72 hours) before the telephone conference, counsel for each party shall file a position memorandum. The body of this memo shall not exceed 500 words, unless the Court prescribes a longer limit. This memo shall describe the underlying facts of the dispute, the party’s arguments relative to the dispute (including pinpoint citation to relevant Eighth Circuit caselaw), and a discussion of the opposing party’s anticipated arguments. The parties should attach as an exhibit the interrogatory, request for production, or other discovery request that is in dispute. At least two days (48 hours) before the telephone conference, counsel for each party may file a reply memo not to exceed 300 words. The parties should include their best arguments in their initial memorandum. c. Canceling the telephone conference. After reviewing the memoranda, the Court may cancel the telephone conference and rule on the existing record without hearing argument from the parties. 3. Discovery Status Report. To ensure discovery is occurring, the parties shall file a joint status report on ______. The parties shall include the following in the status report: (1) the status of all written discovery, including what type of discovery was served and responded to, when it was served and responded to, what written discovery remains to be served, and approximately when it will be served; (2) the status of all document productions, including when the documents were produced, how many were produced, and when any remaining documents will be produced; (3) the status of depositions, including what depositions have been taken or noticed and how many depositions remain to be taken or noticed; (4) an affirmation that all required certificates of service have been—and will continue to be—filed with the Court; and (5) the status of any settlement negotiations. The Court expects the parties will have made significant progress in discovery by the time they file the status report. At a minimum, the parties should have completed initial disclosures (when applicable), exchanged and responded to at least a first round of written discovery (e.g., interrogatories, requests for production, requests for admission, etc.), produced the bulk of 3 requested documents, taken some depositions, and noticed most of the remaining depositions. The parties shall not use the status report to argue about discovery disputes. In addition to the status report, the parties shall also file certificates of discovery to the extent they are required by the Federal Rules of Civil Procedure and/or Local Rules. Approximately one week after the status report is filed, the Court will hold a telephonic status hearing on the case to discuss any issues it perceives from the status report. In some instances, however, the Court may hold the status hearing in person. The parties shall not use the status hearing to argue about discovery disputes. Failure to make substantial progress in the case by the status report deadline may result in the Court unilaterally setting interim discovery deadlines or even imposing sanctions. 4. Final Discovery Deadline. All pretrial discovery authorized by the Federal Rules of Civil Procedure shall be completed (not simply submitted) on or before . Accordingly, all discovery requests and depositions shall be submitted, responded to, and/or taken prior to the date specified in this paragraph and all disputed issues shall be brought to the Court’s attention and resolved prior to this time. 5. Expert Witnesses. Any witness who will give an expert opinion is an expert witness. Plaintiff’s expert designations shall be filed on or before , and any such expert shall be made available for deposition by . Defendant’s expert designations shall be filed on or before , and any such expert shall be made available for deposition by . These deadlines apply to all witnesses—retained or non-retained—from whom expert opinions will be elicited at trial. All expert witnesses must submit an expert report as provided in paragraph 6, with a partial exception for treating physicians as discussed in paragraph 7. 4 6. Affidavits for Experts. Along with each party’s designation of expert witnesses, each party shall provide the other parties with an affidavit from each expert witness. 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. 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. Treating Physicians. With respect to treating physicians who will testify as to treatment provided, the requirements of paragraph 6 of this section 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 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 section. A treating physician who will provide expert testimony beyond the treatment provided by him or her must further comply with the requirements of paragraph 6 of this section. 8. ESI. Disclosure or discovery of electronically stored information (“ESI”) shall be handled as follows: a. General. If ESI is a subject of discovery, it shall be requested with as much specificity/particularity as possible to minimize the required expense. 5 b. Form of production. Unless otherwise agreed, the parties may disclose or produce ESI in hardcopy or static form (e.g., .pdf or .TIF), thereby allowing documents produced to be indexed and individually marked through “bates” stamping. Consistent with Fed. R. Civ. P. 34(b)(iii), the parties presumptively need not produce the same ESI in more than one form. However, after the production of ESI in a hardcopy or static form, the parties may request disclosure of metadata or native files for particular documents when good cause is demonstrated—e.g., when the original creation date of a document is at issue and disputed, or a static image is not reasonably usable. c. Preservation of ESI. The parties shall take reasonable steps to ensure ESI, and other tangible evidence, is not destroyed, removed, mutilated, altered, concealed, or deleted. However, any party may delete or recycle active files electronically stored on servers or hard drives reasonably likely to include documents after the party has made, and secured, a copy of the active files including ESI within the scope of this order. A party need not electronically preserve ESI stored on servers, hard drives, or similar devices not reasonably likely to include ESI within the scope of this order. If the need arises at a later time, the parties can discuss whether information on backup tapes is considered “reasonably accessible” or “not reasonably accessible”; taking steps to preserve backup tapes will not be construed as an acknowledgement that information on them is “reasonably accessible” for purposes of Fed. R. Civ. P. 26. The fact that a particular document or tangible object may be included in the scope of the parties’ agreement is not intended to, and does not, establish or suggest it is discoverable, relevant to, or admissible in this matter. By agreeing to preserve ESI, the parties do not waive any objection to the discoverability of the ESI. Nothing in this order shall be construed to affect the discoverability, and admissibility, of any ESI. Motions 1. Dispositive Motions. 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 dispute 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 7.0 and 56.1. 6 2. Daubert Motions. All motions to strike expert designations or preclude expert testimony premised on Federal Rule of Evidence 702 or 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 by this deadline will constitute a waiver of any arguments based on Daubert. 3. Choice of Law Motions. All motions for an order determining choice of law or raising an issue of foreign law shall be filed on or before . While such motions may be filed any time before then, the Court cautions the parties that it may defer ruling on such a motion if the parties have not presented a factual record full enough to permit the Court to properly undertake the appropriate analysis. Of course, some such motions may not require a full factual record and may be amenable to resolution relatively early in the litigation. 4. Motions for Extension of Time. All motions for extension of time pursuant to Rules 6(b), 31, 33, 34, or 36 must state: a. The date when the pleading, response or other action is/was first due; b. The number of previous extensions and the date the last extension expires; c. 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 of a requested extension is not binding on the Court). 5. Motions Pertaining to Collateral Estoppel. Any motion pertaining to collateral estoppel, for example, a motion to apply collateral estoppel or to establish facts by collateral estoppel, shall be filed on or before . 7 Pretrial Conference & Filings Due Prior to Pretrial Conference 1. Pretrial Conference. A final pretrial conference in this case will be held at .m. on , 20 , via telephone conference. 1 To avoid any reception issues, all participants in the telephone conference shall participate in the call from a landline, not a cell phone. The conference call-in number will be emailed to counsel. Lead trial counsel shall participate in this conference. The agenda for this conference will include: a. Identification of facts not in dispute to which the parties will stipulate, in order to save trial time; b. Identification of legal and factual issues to be tried; c. Disposition of pending motions; d. Discussion of any legal questions which must be resolved prior to trial; e. Discussion of any suggestions by counsel to simplify and expedite the trial; and f. Discussion of the status and likely success of settlement negotiations. 2. Pretrial Filings. To improve the quality of trial through more thorough preparation, the attorneys must meet and confer at least three (3) days prior to the deadlines contained in Paragraphs c, d, e, and f below to identify what is truly in dispute and to facilitate the admission of uncontroverted evidence. a. Motions in limine. Twenty-eight (28) days prior to the pretrial conference, motions in limine shall be filed. Responses to motions in limine shall be filed at least twenty-one (21) days prior to the pretrial conference. b. Deposition Designations. Fourteen (14) days prior to the pretrial conference, each party asserting claims for relief (plaintiff, third-party plaintiff, counterclaiming defendant, etc.) or asserting an affirmative claim 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. This party shall also file the deposition transcript so the Court may review it. 1 In some instances, the Court may require counsel to appear in person for the pretrial conference. 8 Seven (7) days prior to the pretrial conference, each party defending against an affirmative claim for relief shall file and serve: i. ii. iii. A motion listing 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. On or before the date of the pretrial conference, each party shall serve, file, and deliver to all other parties its motion objecting to any deposition testimony designated pursuant to subparagraphs ii. and iii. above. c. Stipulation of Uncontroverted Facts. Fourteen (14) days prior to the pretrial conference, a stipulation of uncontroverted facts shall be filed. If no stipulated facts can be agreed upon, including facts related to the Court’s subject matter jurisdiction, 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). the parties shall file a joint statement to d. Stipulation as to the Admissibility of Evidence. Fourteen (14) days prior to the pretrial conference, stipulation as to the admissibility of evidence shall be filed when the identification and foundation of the exhibit is not 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). e. Witness Lists. Fourteen (14) days prior to the pretrial conference, witness lists shall be filed. 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. No supplemental or amended witness lists will be allowed without leave of Court and for good cause. To aid in voir dire, the parties shall list each witness’s hometown. f. Exhibit Lists. Fourteen (14) days prior to the pretrial conference, exhibit lists shall be filed on the exhibit index form provided by the clerk’s office. The at form Court’s website found also can the on be 9 www.mow.uscourts.gov/forms/district. Each party will file and serve a list of all exhibits which may be offered at trial. Additionally, each party shall make its exhibits available for inspection by the other parties prior to the pretrial conference. The parties shall also 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 “Plaintiff’s” or “Defendant’s.” Plaintiff shall number their exhibits beginning with the number 1. Defendant shall number their exhibits beginning with the number 501. If an exhibit consists of more than one (1) page or part, the number of pages or parts shall be included in the description on the exhibit index. It is not necessary to list exhibits to be used only for impeachment or rebuttal purposes. Failure to list an exhibit or to disclose an exhibit to adverse counsel as required by this order will result, except upon a showing of good cause, in the non-admissibility of the exhibit into evidence at the trial. No supplemental or amended list of exhibits will be allowed without leave of Court and for good cause. g. Remaining Claims. Fourteen (14) days prior to the pretrial conference, each party shall file a schedule of claims, counterclaims, and affirmative defenses that remain outstanding, along with the elements of each claim, citing authority for such elements. Trial and Filings Due Prior to Trial 1. Trial. This case is scheduled for jury trial commencing at 8:00 a.m. on , 20 , at the United States Courthouse, Courtroom 8D, in Kansas City, Missouri. 2. Trial Filings. The following documents shall be filed prior to trial: a. Jury Instructions. Fourteen (14) days prior to trial, the parties shall jointly* file 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. *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 fourteen (14) days before the date of trial. 10 Parties shall also email an original (without sources) and an annotated (with sources) set of instructions to the Courtroom Deputy. The instructions should be typed in Microsoft Word format. b. Voir Dire. Fourteen (14) days prior to trial, counsel for each party shall file a list of proposed questions or topics for voir dire examination to be propounded by the Court. c. Trial Brief. Fourteen (14) days prior to trial, counsel for each party shall file a trial brief. The purpose of this brief is to assist the Court and expedite the Court’s rulings during trial. The trial brief should provide a summary of the evidence to be offered by witness and exhibit. This summary should not be long, no more than two or three pages. It should also not recite the pleadings or the elements of the claims. d. List of Individuals at Each Party’s Table. To aid in voir dire, four (4) days prior to trial, counsel for each party shall file a list identifying all individuals who will be sitting at their table anytime during the trial. Because the Court will ask the jury panel if they recognize anyone in the courtroom, each person must be present, at least briefly, during voir dire. Any person not introduced to the jury during voir dire may not appear before the rail at any time during the trial. 3. Trial Procedure. The Court will place time limits on opening statements and direct and cross-examination of all witnesses. Counsel should be prepared to support their representations as to the length of trial. 4. Trial Rules. In order to ensure the efficient use of time during trial: a. All legal issues must be raised in advance of trial by written motions and in accordance with this scheduling order; 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 a pinpoint citation to relevant written legal authority for their positions; d. Witnesses who will be testifying from exhibits or about exhibits should review them immediately prior to testifying; and 11 e. Counsel shall show opposing counsel any exhibits they intend to use prior to a witness testifying. Failure to Appear/Comply Failure of counsel to appear at any scheduled final pretrial conference, or otherwise to comply with the provisions of this order, may result in dismissal or default, as may be appropriate. IT IS SO ORDERED. Date: 12

=== Criminal Rules of Trial for Jury Trials - DGK ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION vs. , Plaintiffs, Defendant. Case No. 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. 21. The length of closing arguments will be established during the instruction conference. 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

=== Initial Standing Order for Civil Cases - DGK ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI NAME(S), Plaintiff(s), v. NAME(S), Defendant(s). Case No. XX-XXXXX-CV-DGK INITIAL STANDING ORDER FOR ALL CIVIL CASES This case has been assigned to Judge Greg Kays. Upon assignment of any new civil case, the Court issues this Initial Standing Order (the “ISO”). The ISO establishes the rules litigants must follow in litigating cases before the undersigned and are meant “to secure the just, speedy, and inexpensive determination of every action.” Fed. R. Civ. P. 1. All attorneys and unrepresented parties shall carefully study and comply with the ISO along with the Federal Rules of Civil Procedure and the Western District of Missouri’s Local Rules (the “Local Rules”). Failure to comply with the ISO may result in the Court imposing sanctions, including but not limited to monetary payments, dismissal of claims or cases, entry of default judgment, or other appropriate sanctions. The Court may also consider failure to comply with the ISO in deciding whether—or to what extent—to extend any case deadlines. The ISO is meant to help the parties avoid practices that routinely lead to disputes and waste judicial resources. The parties should not use the ISO to create disputes. The parties shall work together in good faith to follow not only the letter of the ISO, but also its spirit. Effective for all civil cases filed on or after 1/1/2024. This form is subject to change. Please refer to the ISO filed in your case. I. COMMUNICATION WITH THE COURT AND ITS STAFF The following rules are meant to avoid ex parte communications and to ensure all substantive communications are captured within the case record. 1. No Ex Parte Communications In communicating with the Court or its staff (law clerks, the courtroom deputy, or the court reporter), the parties shall ensure that the opposing party or attorney is (1) copied on all emails, (2) present in court or on the phone when all statements are made to the Court or its staff, and/or (3) served with all filings. The only exceptions to this rule are ex parte communications permitted under the Federal Rules of Civil Procedure, Local Rules, or other federal laws (e.g., certain ex parte motions, in camera review, etc.) as well as any emergency ex parte communications (e.g., last-minute notification that a party will miss a hearing/trial, etc.). 2. No Calling Chambers Absent Emergencies Parties and their attorneys shall refrain from telephoning chambers unless there is an urgent situation (e.g., an attorney is ill and will miss a hearing, etc.). Scheduling hearings should be done via email with the courtroom deputy. The parties should not call chambers to solicit legal advice (e.g., what should be filed, etc.) or seek an update on a case. 3. Limitations on Emails Emails from the parties and their attorneys to the Court and its staff should be limited to discovery dispute issues (discussed below), scheduling hearings, scheduling courtroom access for trial preparation purposes, proposed orders, proposed jury instructions, and last-minute communications. Parties with ECF filing questions (e.g., what should be filed, how something should be filed, or how a misfiled document should be corrected) should consult the materials on the Western District of Missouri website or contact the Clerk’s Office at (816) 512-5000. 2 Effective for all civil cases filed on or after 1/1/2024. This form is subject to change. Please refer to the ISO filed in your case. 4. All Other Written Communications Should be Filed in ECF Aside from the above, all other written communications should be made as a filing or motion submitted via ECF or the Clerk’s Office. This ensures all substantive communications are made and preserved in the record. II. MOTION AND BRIEFING REQUIREMENTS The Court often receives motions and briefs that fail to cite binding legal authority, contain improper citations, and/or incorporate arguments by reference to evade page limits. Such practices require the Court to request supplemental briefing, conduct legal research for the parties, deny motions without prejudice, find waiver of arguments, and, in rare cases, impose sanctions. They also thwart the “just, speedy, and inexpensive determination of every action.” Fed. R. Civ. P. 1. The following guidelines are intended to eliminate these practices. Failure to follow these guidelines may result in the denial of a motion, striking of a brief, a finding that an argument has been waived, and potentially the imposition of sanctions. 1. Applicability The following briefing rules apply to all motions and briefing except those on routine motions for extensions of non-scheduling order deadlines, pro hac vice admittance, protective orders, and other similar motions. 2. Citing Binding Legal Authority In making its rulings, this Court relies almost exclusively upon binding legal authority from the Eighth Circuit or Supreme Court. There are few issues that come before this Court that the Eighth Circuit or Supreme Court have not addressed. Yet parties sometimes fail to find and/or cite binding, on-point precedent. As the Eighth Circuit has noted, however, “[i]t is not this court’s job to research the law to support a[] [party’s] argument.” United States v. Guzman-Tlaseca, 546 3 Effective for all civil cases filed on or after 1/1/2024. This form is subject to change. Please refer to the ISO filed in your case. F.3d 571, 578 (8th Cir. 2008) (first alteration in original) (quotation omitted). For every motion and brief, the filing party shall conduct legal research and primarily cite binding, on-point authority—e.g., Eighth Circuit cases, Supreme Court cases, or state supreme court cases on state law issues—in making legal arguments. Even in instances of applying Missouri or other state law, there are often controlling Eighth Circuit cases that have already addressed the issue. The parties shall find and cite those cases. Of course, the parties may cite persuasive authority—e.g., other district court decisions from this district (including the undersigned’s), out-of-district or out-of-circuit cases, intermediate state court cases, secondary sources, etc.—to supplement their binding authority or when no binding authority exists. If no binding authority exists on a particular issue, the party shall affirm in a footnote that they thoroughly searched for binding, on-point authority and none exists. 3. Legal Citations All citations must be precise and accurate. The parties shall include pinpoint citations to the precise page number that supports their argument or factual assertion. The Court prefers the parties adhere to The Bluebook® for citations, except to the extent the Local Rules mandate otherwise. 4. No Briefs, Motions, or Other Filings with Entire Footnote Citations The Court periodically receives briefs that include all citations in footnotes. The Court finds this citation form to be distracting and inefficient because the Court must constantly toggle between footnotes and the text of the argument to see whether—and to what extent—there is legal or factual support for the party’s assertion. The parties shall not use this form of legal citation. The parties may use footnotes to make subsidiary points and include pinpoint citations for these points in the footnote, but the parties should not put all citations in footnotes. 4 Effective for all civil cases filed on or after 1/1/2024. This form is subject to change. Please refer to the ISO filed in your case. 5. No Incorporation by Reference Parties often incorporate by reference arguments or factual recitations from prior briefs or motions. This is not acceptable since it is often used to evade page limits. The parties shall not incorporate by reference any argument or factual recitation from prior briefs or motions. This does not prevent a party from referring to previous arguments it made for the purposes of establishing background information, notice of a prior argument or issue, or that a party did not respond to an argument made in an opening brief. Nor does it prevent a party from cross- referencing within a document, citing to contemporaneously filed documents (e.g., exhibits, statement of undisputed facts, etc.), or summarizing/citing pleadings (e.g., complaints, answers, etc.). III. DISCOVERY RULES The Court sees a variety of recurring discovery abuses that stall discovery and waste resources. The following rules and procedures are meant to curb these abuses. The highlighting of certain rules below is not meant to diminish the importance of complying with all the Federal Rules of Civil Procedure and Local Rules. Before conducting any discovery, the parties should carefully review the Federal Rules of Civil Procedure, the Local Rules, and the interpretative caselaw that governs the specific type of discovery. 1. Discovery Status Report The Court expects the parties to diligently conduct discovery from the inception of the case until the discovery cutoff. Some litigants, however, wait until late into the discovery period to begin conducting discovery in earnest.1 The Court will not grant a motion to extend discovery 1 The Court often hears from the parties that they have not, or are not, conducting discovery because they are “exploring possible settlement and do not want to incur unnecessary litigation costs.” While understandable, this is not an acceptable reason to refrain from conducting discovery. 5 Effective for all civil cases filed on or after 1/1/2024. This form is subject to change. Please refer to the ISO filed in your case. where the moving party has not been diligent in pursuing discovery. See Fed. R. Civ. P. 16(b)(4); L.R. 16.3; Hartis v. Chicago Title Ins. Co., 694 F.3d 935, 948 (8th Cir. 2012) (good cause standard); Kirk v. Schaeffler Group USA, Inc., No. 13-CV-05032-DGK, ECF No. 70 (W.D. Mo. July 28, 2014) (denying motion to amend the scheduling order to extend the discovery deadline because plaintiff failed to serve discovery until the day before the deadline expired). To ensure discovery is occurring, the parties shall file a joint status report exactly 120 days after the Court enters the scheduling order. The parties shall include the following in the status report: (1) the status of all written discovery, including what type of discovery was served and responded to, when it was served and responded to, what written discovery remains to be served, and approximately when it will be served; (2) the status of all document productions, including when the documents were produced, how many were produced, and when any remaining documents will be produced; (3) the status of depositions, including what depositions have been taken or noticed and how many depositions remain to be taken or noticed; (4) an affirmation that all required certificates of service have been—and will continue to be—filed with the Court; and (5) the status of any settlement negotiations. The Court expects the parties will have made significant progress in discovery by the time they file the status report. At a minimum, the parties should have completed initial disclosures (when applicable), exchanged and responded to at least a first round of written discovery (e.g., interrogatories, requests for production, requests for admission, etc.), produced the bulk of requested documents, taken some depositions, and noticed most of the remaining depositions. The parties shall not use the status report to argue about discovery disputes. In addition to the status report, the parties shall also file certificates of discovery to the extent they are required by the Federal Rules of Civil Procedure and/or Local Rules. 6 Effective for all civil cases filed on or after 1/1/2024. This form is subject to change. Please refer to the ISO filed in your case. Approximately one week after the status report is filed, the Court will hold a telephonic status hearing on the case to discuss any issues it perceives from the status report. In some instances, however, the Court may hold the status hearing in person. The parties shall not use the status hearing to argue about discovery disputes. Failure to make substantial progress in the case by the status report deadline may result in the Court unilaterally setting interim discovery deadlines or even imposing sanctions. 2. Deposition Scheduling The Court expects the parties to determine mutually agreeable dates for depositions well before the close of discovery. But on occasion a party engages in gamesmanship to delay or avoid depositions or to extend the discovery period. For example, the deponent may not provide any dates in response to multiple requests for dates by the serving party, or the deponent will string along the serving party by claiming they are trying to find deposition dates when they are not. On the other hand, the serving party may wait until late into the discovery period to contemporaneously serve many deposition notices and then try to force the deponents to sit on unilaterally noticed dates right before the discovery deadline. This leads to unnecessary delays in the discovery process, avoidable disputes, and unnecessary discovery extensions. To avoid these problems, the Court expects the parties to space depositions throughout the discovery period so they are not being noticed or taken all in the last month of discovery. 3. Serving Proportional Discovery The Court has observed parties sometimes serve facially overbroad or burdensome discovery as a negotiation tactic. For example, they may serve an unnecessarily large number of discovery requests or deposition topics—many of which may be borderline irrelevant—knowing they will eventually agree to forgo certain unimportant requests or topics in exchange for getting 7 Effective for all civil cases filed on or after 1/1/2024. This form is subject to change. Please refer to the ISO filed in your case. discovery they truly need from important requests. This practice is inefficient and leads to unnecessary disputes. To avoid these issues, the party serving discovery shall carefully study and comply with the proportionality standards under Federal Rule of Civil Procedure 26(b)(1)-(2) and its interpretive caselaw. This means the party serving discovery should in the first instance only seek discovery that is truly “relevant to any party’s claim or defense and proportional to the needs of the case[.]” Fed. R. Civ. P. 26(b)(1). 4. No Boilerplate Objections in Written Discovery The Federal Rules of Civil Procedure are clear that objections to written discovery must be stated with specificity. See Fed. R. Civ. P. 33(b)(4), 34(b)(2)(B), 36(a)(5). This means parties cannot respond to written discovery with “boilerplate objections,” that is, “an objection that ‘merely states the legal grounds for the objection without (1) specifying how the discovery request is deficient and (2) specifying how the objecting party would be harmed if it were forced to respond to the request.’” See Brown v. Kansas City, No. 20-CV-00920-DGK, 2022 WL 15045965, at *2 (W.D. Mo. Oct. 26, 2022) (quoting Smash Tech., LLC v. Smash Sols., LLC, 335 F.R.D. 438, 441 (D. Utah 2020 . For instance, a boilerplate objection would be one “that asserts a request is ‘overly broad’ or ‘irrelevant’ without explaining why[.]” Id.; see also Liguria Foods, Inc. v. Griffith Lab’ys, Inc., 320 F.R.D. 168, 185 (N.D. Iowa 2017). Despite this clear prohibition, some litigants continue to answer discovery with boilerplate objections. The parties shall not include any boilerplate objections in their discovery responses. If they do, the Court will find them to be waived. The parties shall only raise objections that are clearly applicable and stated with specificity. For example, if a party believes a request is “unduly burdensome,” it must specifically explain how the request is unduly burdensome and how it would 8 Effective for all civil cases filed on or after 1/1/2024. This form is subject to change. Please refer to the ISO filed in your case. be harmed if forced to respond as written. The same is true for all other forms of objections. The parties shall carefully read the rules and caselaw governing written discovery requests and comply with them. 5. No Speaking Objections At depositions, the defending attorney shall not use speaking objections, objections calculated to coach the witness or shape his or her testimony, or objections designed to impede the fair examination of the witness. For example, after a question has been asked, an attorney might instruct the client to, “answer—if you know,” suggesting the witness should answer they do not know. As Federal Rule of Civil Procedure 30(c)(2) makes clear, all deposition objections “must be stated concisely in a nonargumentative and nonsuggestive manner.” For example, if a defending attorney believes a question is “vague,” she shall simply say “objection; form” or “objection; vague.” If the examining attorney wants clarification of precisely why the question is perceived to be “vague” (e.g., if the examiner wants to cure the question on the spot), then he can ask the defending attorney to expound upon why it is vague. Only then can the defending attorney provide a more specific and in-depth explanation as to the objection beyond “objection; form” or “objection; vague.” If the Court learns of any such deposition abuses, it may impose sanctions against the offending party or attorney after the deposition concludes. These sanctions may include ordering another deposition, ordering the defending party to pay attorneys’ fees and/or costs for the initial deposition, and/or ordering the defending party to pay attorneys’ fees and/or costs for the court- ordered second deposition. 9 Effective for all civil cases filed on or after 1/1/2024. This form is subject to change. Please refer to the ISO filed in your case. 6. Motions to Stay As is made clear in the Local Rules, the pendency of a dispositive motion such as a motion to dismiss does not automatically stay discovery obligations. See L.R. 26.1(b). Unless the Court grants a motion to stay, the parties shall continue conducting discovery and other case obligations. 7. Discovery Dispute Process 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 summarily denied. The parties must also follow the additional procedures and rules below. a) Scheduling a Telephone Conference A party seeking a telephone conference with the Court to resolve a discovery dispute shall email the Courtroom Deputy, Ms. Tracy Strodtman, at [email protected]. The opposing counsel or party shall be copied on this email. The email should provide a short explanation of the dispute and certify compliance with Local Rule 37.1. The Court may then schedule a telephone conference to discuss the discovery dispute with the parties. b) Position Memorandum At least three days (72 hours) before the telephone conference, each party shall file a position memorandum. The body of this memo shall not exceed 500 words, unless the Court prescribes a longer limit. This memo shall describe the underlying facts of the dispute, the party’s arguments relative to the dispute (including pinpoint citation to relevant Eighth Circuit caselaw), and a discussion of the opposing party’s anticipated arguments. The parties should attach as an exhibit the interrogatory, request for production, or other discovery request that is in dispute. At least two days (48 hours) before the telephone conference, each party may file a reply memo not to exceed 300 words. The parties should include their best arguments in their initial 10 Effective for all civil cases filed on or after 1/1/2024. This form is subject to change. Please refer to the ISO filed in your case. memorandum. In drafting their briefs, the parties should be mindful of the significant changes to the Federal Rules of Civil Procedure since 2015, and they should cite caselaw that interprets the current version of the Federal Rules of Civil Procedure. c) Cancelling the Telephone Conference After reviewing the memoranda, the Court may cancel the telephone conference and rule on the existing record without hearing argument from the parties. IV. SETTLEMENT AND DISMISSALS The Court encounters several recurring issues involving settlement and dismissals, including the parties failing to timely notify the Court of settlement and filing deficient stipulations or requests for dismissal. These practices waste judicial resources. The following rules are designed to avoid these problems. 1. Settlement Notification Within twenty-four (24) hours of the parties reaching a settlement, they must file a notice that the parties have settled. This notice shall identify a date by which time the parties will file a stipulation of dismissal. The Court expects most cases to be dismissed within forty-five (45) days of settlement.2 2. Settlement Status Report One month before the pretrial conference, the parties shall file a joint status report that outlines: (1) the parties’ previous attempts at settlement; (2) if settlement negotiations are ongoing and any hindrances there may be to settlement; (3) the parties’ estimation of the likelihood that the case will settle; and (4) whether a settlement conference with a magistrate judge would be helpful in resolving the case. 2 This 45-day deadline does not apply to class action or collective action cases. 11 Effective for all civil cases filed on or after 1/1/2024. This form is subject to change. Please refer to the ISO filed in your case. 3. Dismissals Before filing a motion to dismiss or a stipulation of dismissal under Federal Rule of Civil Procedure 41, the party or parties shall review and comply with Rule 41 and any caselaw interpreting it. Dismissals sought pursuant to Rule 41 shall state with particularity the subsection that applies. V. SEALING AND REDACTIONS Because there is a strong common law presumption that judicial records are open to the public, Nixon v. Warner Commc’ns Inc., 435 U.S. 589, 597 (1978), the Court grants motions to seal or redact documents sparingly. That said, if a party wishes to seal or redact a document or filing, it must follow the procedures outlined in the CM/ECF Administrative Guide on the Western District of Missouri website. See CM/ECF Administrative Guide, available at https://www.mow.uscourts.gov/district/rules (located under the “Local Rules & Procedures” drop- down tab and then further under the “Procedures” drop-down subtab). The motion filed with the Court must cite caselaw indicating the material sought to be sealed or redacted can be shielded from public access. The Court has issued several published opinions outlining the stringent standard for sealing or redacting various documents, and the parties should review those opinions before filing a motion to seal. IT IS SO ORDERED. Date: January 1, 2024 /s/ Greg Kays GREG KAYS, JUDGE UNITED STATES DISTRICT COURT 12 Effective for all civil cases filed on or after 1/1/2024. This form is subject to change. Please refer to the ISO filed in your case.

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

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION vs. , Plaintiffs, Defendant. Case No. 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. 21. The length of closing arguments will be established during the instruction conference. 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

=== Civil Scheduling and Trial Orders for Non-Jury Trials - DGK ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION , , ) Plaintiff, v. ) Defendant. No. -CV-W-DGK SCHEDULING AND 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 schedule below is hereby established. Key Dates 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Motions to join additional parties shall be filed on or before . Motions to amend the pleadings shall be filed on or before . Discovery motions shall be filed on or before . Discovery shall be completed on or before . Plaintiff’s expert designations shall be filed on or before . Defendant’s expert designations shall be filed on or before . Dispositive motions shall be filed on or before . Motions to strike expert designations shall be filed on or before . Motions in limine shall be filed twenty-one (21) days prior to the pretrial conference. Deposition designations shall be filed fourteen (14) days prior to the pretrial conference. Statement of uncontroverted facts; stipulation as to the admissibility of evidence; witness lists; exhibit lists; list of remaining claims; objections to deposition designations; and, deposition designations by party defending against an affirmative claim shall be filed seven (7) days prior to the pretrial conference. The pretrial conference is scheduled to be held at Trial briefs shall be filed seven (7) days prior to trial. on . 12. 13. 14. The trial is scheduled to commence at 9:00 a.m. on for days. Revised September 2015. Amendment of Pleadings 1. 2. Any motion to join additional parties shall be filed on or before . Any motion to amend the pleadings shall be filed on or before . Discovery 1. Motions. All discovery motions shall be filed two weeks prior to the final discovery deadline on or before . 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. Except in extraordinary circumstances, problems with discovery which are not brought to the Court’s attention in time for the opponent to make a proper response and the Court to make an informed ruling before the close of discovery will be waived. 2. Final Discovery Deadline. All pretrial discovery authorized by the Federal Rules of Civil Procedure shall be completed (not simply submitted) on or before . Accordingly, all discovery requests and depositions shall be submitted, responded to, and/or taken prior to the date specified in this paragraph and all disputed issues shall be brought to the Court’s attention and resolved prior to this time. 3. Expert Witnesses. The plaintiff shall designate any expert witnesses it intends to call at trial on or before , and the defendant shall designate any expert witnesses it intends to call at trial on or before . This paragraph applies to all witnesses retained or non-retained from whom expert opinions will be elicited at trial. 4. Affidavits for Experts. 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 3 of this section. The affidavit shall include a complete statement of all opinions to be expressed and the basis and reasons therefore, 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. 5. Treating Physicians. With respect to treating physicians who will testify as to treatment provided, the requirements of paragraph 4 of this section 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 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 3 of this section. A treating physician who will provide expert testimony beyond the treatment provided by said physician must further comply with the requirements of paragraph 4 of this section. Motions 1. Dispositive Motions. 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. 2. 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. 3. Motions for Extension of Time. All motions for extension of time pursuant to Rule 6(b) or Rules 31, 33, 34 and 36 must state: a. The date when the pleading, response or other action is/was first due; b. The number of previous extensions and the date the last extension expires; c. 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 of a requested extension is not binding on the Court). Pretrial Conference & Filings Due Prior to Pretrial Conference 1. Pretrial Conference. A final pretrial conference in this case will be held at p.m. on , 2015, via telephone conference.* The call shall be initiated by plaintiff’s counsel. The Court’s telephone number is 816-512-5602. Lead trial counsel shall participate in this conference. The agenda for this conference will include: a. Identification of facts not in dispute to which the parties will stipulate, in * In some instances, the Court may require counsel to appear in person for the pretrial conference. order to save trial time; b. Identification of legal and factual issues to be tried; c. Disposition of pending motions; d. Discussion of any legal questions which must be resolved prior to trial; e. Discussion of any suggestions by counsel to simplify and expedite the trial; and f. Discussion of the status and likely success of settlement negotiations. 2. Pretrial Filings. To improve the quality of trial through more thorough preparation, the attorneys will meet and confer at least three (3) days prior to the deadlines contained in paragraphs c, d, e and f below to identify what is truly in dispute and to facilitate the admission of uncontroverted evidence. a. Motions in limine. Twenty-one (21) days prior to the pretrial conference, motions in limine shall be filed. Responses to motions in limine shall be filed at least fourteen (14) days prior to the pretrial conference. b. Deposition Designations. Fourteen (14) days prior to the pretrial conference, each party asserting claims for relief (plaintiff, third-party plaintiff, counterclaiming defendant, etc.) or asserting an affirmative claim 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. Seven (7) days prior to the pretrial conference, each party defending against an affirmative claim for relief shall file and serve: i. Any objections to proposed deposition testimony designated by any other party; ii. 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 iii. 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. On or before the date of the pretrial conference, each party shall serve, file and deliver to all other parties its objections to any deposition testimony designated pursuant to subparagraphs ii. and iii. above. c. Stipulation of Uncontroverted Facts. Seven (7) days prior to the pretrial conference, stipulation of uncontroverted facts shall be filed. If no stipulated facts can be agreed upon, including facts related to the Court’s subject matter that effect. jurisdiction, 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). the parties shall file a joint statement to d. Stipulation as to the Admissibility of Evidence. Seven (7) days prior to the pretrial conference, stipulation as to the admissibility of evidence shall be filed when the identification and foundation of the exhibit is not 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). e. Witness Lists. Seven (7) days prior to the pretrial conference, pursuant to Local Rule 39.1, witness lists shall be filed. 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. No supplemental or amended witness lists will be allowed without leave of Court and for good cause. f. Exhibit Lists. Seven (7) days prior to the pretrial conference, pursuant to Local Rule 39.1, exhibit lists shall be filed. Each party will file and serve a list of all exhibits which may be offered at trial. Additionally, each party shall make its exhibits available for inspection by the other parties prior to the pretrial conference. The parties shall also 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 “Plaintiff’s” or “Defendant’s.” Plaintiff shall number their exhibits beginning with the number one. Defendant shall number their exhibits beginning with the number 501. If an exhibit consists of more than one (1) page or part, the number of pages or parts shall be included in the description on the exhibit index. It is not necessary to list exhibits to be used only for impeachment or rebuttal purposes. Failure to list an exhibit or to disclose an exhibit to adverse counsel as required by this order will result, except upon a showing of good cause, in the non-admissibility of the exhibit into evidence at the trial. No supplemental or amended list of exhibits will be allowed without leave of Court and for good cause. g. Remaining Claims. Seven (7) days prior to the pretrial conference, each party shall file a schedule of claims, counterclaims and affirmative defenses that remain outstanding, along with the elements of each claim, citing authority for such elements. Trial and Filings due Prior to Trial 1. Trial. This case is scheduled for bench trial commencing at 9:00 a.m. on , 2015, at the United States Courthouse in Kansas City, Missouri. 2. Trial Filings. The following documents shall be filed prior to trial: a. Trial Brief. Seven (7) days prior to trial, counsel for each party shall file a trial brief stating the factual and legal contentions for the party for whom the trial brief is filed. The trial memorandum shall contain: a general statement of the case, citation of the authority upon which the party relies on unresolved legal issues, a general statement of the evidence to be offered, and a statement of any evidentiary or procedural problem expected to arise, with citations of authority. 3. Trial Procedure. The Court will 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. 4. Trial Rules. 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; 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. Failure to Appear/Comply Failure of counsel to appear at any scheduled final pretrial conference, or otherwise to comply with the provisions of this order, may result in dismissal or default, as may be appropriate. IT IS SO ORDERED. DATED: /s/ Greg Kays GREG KAYS, CHIEF JUDGE UNITED STATES DISTRICT COURT

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

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI DIVISION vs. Plaintiff, Defendant. Case No. RULES OF TRIAL 1. Normally, court will convene at 9:00 a.m. and recess at 5:00 p.m. The parties may expect morning, lunch and afternoon breaks at appropriate times. 2. 3. No food or drink is allowed in the courtroom except for water. Absent good cause shown, opening statements are limited to fifteen (15) minutes for each side. 4. 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. 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. 6. 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. 7. 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. 8. Only one (1) counsel per party may examine a witness. See Local Rule 83.3(b). 9. 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. 10. Except in unusual circumstances, counsel should stand when addressing the Court or when examining the witness. See Local Rule 83.3(a). 11. 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. 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 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. 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 to the testimony of witnesses, counsels' presentations or to the Court's rulings (such as facial or body gestures) are inappropriate. 15. Conversation with clients and/or co-counsel must be in tones inaudible to the Court. 2 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. 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. 17. 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. DATE: GREG KAYS, JUDGE UNITED STATES DISTRICT COURT 3

=== Criminal Rules of Trial for Non-Jury Trials - DGK ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI DIVISION vs. Plaintiff, Defendant. Case No. RULES OF TRIAL 1. Normally, court will convene at 9:00 a.m. and recess at 5:00 p.m. The parties may expect morning, lunch and afternoon breaks at appropriate times. 2. 3. No food or drink is allowed in the courtroom except for water. Absent good cause shown, opening statements are limited to fifteen (15) minutes for each side. 4. 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. 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. 6. 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. 7. 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. 8. Only one (1) counsel per party may examine a witness. See Local Rule 83.3(b). 9. 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. 10. Except in unusual circumstances, counsel should stand when addressing the Court or when examining the witness. See Local Rule 83.3(a). 11. 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. 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 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. 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 to the testimony of witnesses, counsels' presentations or to the Court's rulings (such as facial or body gestures) are inappropriate. 15. Conversation with clients and/or co-counsel must be in tones inaudible to the Court. 2 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. 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. 17. 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. DATE: GREG KAYS, JUDGE UNITED STATES DISTRICT COURT 3