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IN THE UNITED DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI Filed Feb. 28, 1997
CENTRAL DIVISION 4:15 p.m.
MARTIN LINDSTEDT, )
)
Plaintiff, )
v. ) No. 96-4262-CV-C-9
)
MISSOURI LIBERTARIAN PARTY, )
et al., )
)
Defendants. )
ORDER ESTABLISHING RULES FOR THE TRIAL
Rule 611, Federal Rules of Evidence, states:
The Court shall exercise reasonable control
over the mode and order of interrogation of
witnesses and presentation of evidence so as
to (1) make the interrogation and presentation
effective for the ascertainment of the truth,
(2) avoid needless consumption of time, and
(3) protect witnesses from harassment or undue
embarrassment.
Because I believe that the following rules will contribute
to accomplishing the purposes set forth in Rule 611, the
following rules and procedures will be in effect during the
trial of this case:
1. During voir dire, I will ask questions to confirm that
each panel member is qualified to serve as a juror in this
court. I will introduce the parties and counsel, will read a
summary of what the case is about, will read a list of possible
witnesses, and will ask each panel member to speak about the
panel member's educational background, work history, family
(including spouse's employment, if any) and what the panel
member does in his/her spare time.
ORIGINAL 1 DOC # 28
2. At the conclusion of my questioning, each attorney will
have up to 30 minutes to ask questions of the jury panel or
individual panel members. An attorney may ask questions of an
individual panel member if necessary to follow up on a previous
answer. In addition, counsel may ask appropriate questions from
the attorney's list of voir dire questions so long as the
provisions of ¶ 3 have been complied with.
3. Prior to the final pretrial conference, counsel should
advise all opposing counsel specifically which questions counsel
will ask from the list of voir dire questions filed pursuant to
pretrial orders. Any objection to a voir dire question an
opposing attorney plans to ask should be discussed between
counsel prior to the beginning of the final pretrial conference.
4. In addition, counsel shall make an effort to agree on a
brief written summary of what this case is about. See ¶ 1.
(Usually a paragraph briefly summarizing each party's claims or
defenses expressed as the party's contentions works best).
Counsel shall bring this summary to the final pretrial conference.
5. Counsel shall not ask any question such as: "Is there any
reason at all that you will be unable to be a fair and
impartial juror in this case?" I will ask at least two
questions of this type after counsel have examined the panel.
6. Opening statements are limited to 30 minutes per party.
7. No visual aid or exhibit shall be used during an opening
statement unless opposing counsel has been shown the visual aid
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or exhibit and has agreed that the item may be used during the
opening statement.
8. The interrogation of each witness shall consist of direct
examination; cross-examination; re-direct examination;
and re-cross examination. No further questioning will be
permitted except by leave of court in extraordinary circumstanc-
es.
9. The direct examination of each witness shall be no
longer than 60 minutes except by leave of court for good cause
shown. Cross-examination shall be no longer than direct. Re-
direct shall be no longer than 20 minutes. Re-cross shall be
no longer than re-direct.
10. Only one attorney per party may examine a witness. See
Local Rule 4.
11. Witnesses shall be interrogated from a reasonable
distance and shall not be badgered.
12. Except in unusual circumstances, a witness should be
allowed to complete an answer.
13. If you want a "yes" or "no" answer, you can anticipate
that I will allow the witness to explain a "yes" or "no" answer.
14. Except in unusual circumstances, an attorney should
stand when addressing the court or when examining a witness.
See Local Rule 4.
15. When making an objection, an attorney should say only
"objection" or "objection" plus the legal reason for the
objection, e.g., leading, hearsay, etc. If the objecting
attorney desires to give reasons for the objection or if an
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opposing attorney desires to oppose the objection, the attorney
shall request leave to approach the bench.
16. Unless permission is granted before the trial begins,
a maximum of two expert witnesses shall be allowed to testify
for any party. An expert's testimony shall be limited to the
content of the expert's report furnished pursuant to Rule
26(a)(2), Federal Rules of Civil Procedure. See Sylla-Sawdon v.
Uniroyal, 47 F.3d 277, 281-84 (8th Cir. 1995).
17. After you question an expert about his/her qualifica-
tions, DO NOT ask me to declare the witness an expert.
18. Each party shall mark each exhibit prior to trial with
an exhibit sticker which can be obtained from the Clerk of the
Court. Exhibits shall be marked only with the designation
"P.Ex." or "D.Ex." or "P___Ex." or "D EX." followed by a
number. Letters shall not be included as part of the designa-
tion. The designation for each exhibit shall match the
designation for that exhibit on the exhibit list furnished to
the clerk before trial. Each exhibit must be described with
reasonable specificity on the exhibit list.
19. Visible reactions to the testimony of witnesses or to
an attorney's presentation such as facial or body gestures are
inappropriate.
20. Please take care not to converse with your client so
that your conversation can be heard by the jury.
21. Counsel may approach the witness for any legitimate
purpose without requesting permission to do so.
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22. If a podium is provided, counsel may use it but are not
required 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.
23. The length of closing arguments will be established
during the instruction conference.
24. Instructions will be read to the jury before closing
arguments. Each juror will be given a copy of the instructions
for use during closing arguments and during deliberations.
25. After the jury retires, each side shall assemble their
exhibits and keep them available in the courtroom.
26. Counsel and their clients should remain in the
courthouse and advise my staff where they will be while the jury
is deliberating.
27. After the jury returns its verdict, be prepared to tell
me if you want the jury polled.
28. After the jury is dismissed, each attorney must take
possession of his/her exhibits from the courtroom deputy and
sign the receipt at the bottom of the exhibit list.
IT IS SO ORDERED.
-s-
___________________________
D. BROOK BARTLETT
UNITED STATES DISTRICT JUDGE
Kansas City, Missouri
February _28_, 1997.
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Comments: The best thing about a judge like above, is that Bartlett can take the Local Rules and the Federal Rules of Civil Procedure and make them simple enough so that even an idiot like LawyerMore can understand what the trial is all about. Regrettably for me, Bartlett is making it easier for LawyerMore to wing it, without having his feeble mind strained by having to read lawbooks, hence negating in large part my greater intelligence and experience.
Most federal judges, like Dean Whipple on the same circuit, aren't as honest or competent.
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Back to Lindstedt v. the MoLP-PP, the Federal Lawsuit or
Patrick Henry On-Line
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