Requirements

1. Local and Federal Rules:

Many answers to frequently asked questions are contained in the Local Rules of the Eastern District of Missouri, the Federal Rules of Civil and Criminal Procedure and the Federal Rules of Evidence. All counsel and pro se parties are expected to know these rules and follow them. Frequent review of the rules is recommended.

2. Informal Matters:

Informal matters are not regularly held. An informal matter that requires a short conference should be scheduled by calling chambers to set an in-court or telephone conference. Most minor, agreed deadline changes can be handled in writing by filing a motion to extend the deadline and stating that opposing counsel consents. The consent motion will be ruled as soon as possible.

3. Rule 16 Conferences and Case Management Orders:

Civil cases are usually set for Rule 16 conferences after all defendants have answered or filed motions in response to the complaint. If for some reason a party believes a conference should be sooner, that party should file a motion. At the Rule 16 conference, the parties should be prepared to discuss the facts of the case and all other matters set out in the Rule 16 Order, including settlement.

4. Scheduling and Status Conferences:

Counsel may request a scheduling or status conference when the need arises by calling chambers and setting up an appointment.

5. Alternative Dispute Resolution (ADR):

Most civil cases are referred to mediation. Counsel should be prepared to discuss the appropriate timing for referral to mediation at the Rule 16 conference. When setting a date for mediation in the joint proposed scheduling plan, counsel should consider what discovery is needed in order to conduct a meaningful mediation conference. A list of the Court’s neutrals and the court’s ADR procedures can be found at www.moed.uscourts.gov. Please note that once the case has been referred to ADR, those deadlines are binding and may only be extended by court order.

6. Discovery Disputes:

Before filing any discovery-related motion, the moving party must confer with opposing counsel and attempt to resolve the dispute, and in accordance with the relevant local rule, the motion must contain a certification of having done so. Motions that do not contain the required certification will be denied without prejudice. The requirement that the parties confer means that the moving party must actually speak to opposing counsel in person or by telephone. If opposing counsel will not respond to attempts to resolve the matter, counsel should detail those efforts in the certification. All parties are expected to make a good faith effort to resolve the dispute prior to filing a discovery-related motion. If a motion concerning a discovery dispute is filed, the court will review the motion to determine whether or not a conference with the parties is required before ruling the motion.

7. Expert Witnesses:

1. Counsel should be prepared at the Rule 16 conference to discuss the types of expert witnesses who are likely to testify in the case and whether and when the names and reports and/or depositions of the experts will be provided. Parties are allowed to stipulate to different ways of disclosing expert opinions, but in the absence of a stipulation, the provisions of Rule 26 will be applied.
2. Treating Witnesses as Expert Witnesses: Treating health care providers, who are testifying as to matters contained in their treatment notes, will not be required to prepare reports or provide the other information required by Rule 26(a)(2)(B). In such cases, however, health care treaters will normally be limited to providing opinions that are related to the treatment and disclosed in their treatment notes. In some cases, treaters may be required to prepare reports (for example, depending on the plaintiff’s claims, in some instances where the treater is testifying as to causation).

If notice is given regarding an objection as to opinions to be offered or the adequacy of disclosure, the burden rests on the party offering the treating witness to bring to the Court’s attention, promptly, any dispute that cannot be resolved. Such disputes must be presented to the Court in advance of the discovery deadline. Any offering party with notice of such a dispute who does not present the dispute to the Court in a timely manner risks having some or all of the treating witness’s opinions excluded.

8. Final Pretrial Conferences:

If your case is still on the docket two weeks prior to the scheduled trial date, you will be contacted by chambers to schedule a final pretrial conference. Final pretrial conferences are usually held two or three business days prior to the scheduled trial date. Counsel should be prepared at the final pretrial conference to argue any motions in limine, so that a ruling on such motions can be made in advance of trial.

9. Available Courtroom Technology:

The Court has evidence presentation equipment available, including an evidence camera (e.g., ELMO), VCR, DVD, monitors, and hook-ups for computer stored evidence or computer presentation. An explanation on the use of this equipment is available on the Court’s website at www.moed.uscourts.gov under Courtroom Technology.

10. Jury Selection/Voir Dire:

1. Voir Dire Examination: In most cases, the attorneys will be allowed to conduct a major part of the voir dire. The Court will introduce counsel and make a brief statement of the general nature of the case. Counsel will then be allowed to inquire into matters relevant to jury selection. Further, counsel may not ask unnecessary questions in order to establish rapport, ask the jurors to make promises, make speeches, argue the case, tell the jury personal information about self or family, or anything else that is not directly designed to elicit relevant information about the potential jurors. In every case, the Court reserves the right to conduct the entire voir dire. In such cases, counsel will be advised to submit proposed voir dire questions to the Court no later than two business days before trial.
2. Jury Selection: After all questioning has been completed, the panel will be removed from the courtroom and the Court will immediately request the challenges for cause. No challenges for cause or statements that either the panel or any juror is acceptable may be made in front of the jury panel. After any panel members are stricken for cause, the parties will make peremptory challenges.

11. Courtroom Decorum:

1. Please stand when the jury enters the courtroom and stand at all times when speaking.
2. Cell phone usage, eating or drinking (except water), gum chewing, or audible beepers or watches are not allowed.