JURY TRIAL GUIDELINES FOR DIVISION 4.pdf - 22nd Circuit Court ...

MISSOURI CIRCUIT COURT
TWENTY-SECOND JUDICIAL CIRCUIT
JURY TRIAL GUIDELINES FOR DIVISION 4
Judge Julian L. Bush
(314) 622-3668
jbush@courts.mo.gov
Court Reporter
Dawn McTeer
(314) 622-4312
dmcteer@courts.mo.gov
Judicial Assistant
Jack Prebil
(314) 622-4391
jprebil@courts.mo.gov
Courtroom Clerk
Emily Sylvia
(314) 622-4332
esylvia@courts.mo.gov
Bailiff
(314) 622-6742
Facsimile
(314) 589-4052
Division 4
5th Floor Civil Courts
Building
COURTROOM RULES AND DECORUM
1. Unless excused by the court, counsel and persons at counsel tables shall
stand when court is opened, recessed or adjourned; when the jury enters
or retires from the courtroom; and when addressing or being addressed
by the court.
2. Counsel shall address all witnesses (except children), opposing counsel
and venirepersons by their last names, with appropriate titles, and advise
witnesses not to address counsel by their first names. This rule does not
require that witnesses have to refer to one another in any certain way in
their testimony.
3. Other than examination of the witness all remarks shall be made to the
court, not to opposing counsel. In particular, if your question draws an
objection, respond to the court, not to opposing counsel.
4. Avoid disparaging personal remarks or acrimony toward opposing
counsel and remain wholly detached from any ill feeling between the
litigants or witnesses. Adverse witnesses and parties should be treated
with fairness and consideration. No abusive language or offensive
personal references will be tolerated.
5. Counsel and persons at counsel table shall not convey a personal opinion
regarding witness testimony, counsels’ presentation or rulings of the
court through verbal or non-verbal reactions. Any signaling to a witness
on the stand will be treated as contempt of court.
6. The counsel table nearest to the jury shall be occupied by the plaintiff’s
attorney. The counsel table farthest from the jury shall be occupied by the
defendant’s attorney.
7. Counsel shall conduct voir dire, make opening statements, examine
witnesses and make closing arguments from counsel table or podium
unless otherwise permitted by the court.
8. Counsel shall speak loudly, slowly and clearly (and advise their witnesses
to do likewise) to ensure that the court reporter is able to make a
complete and accurate record of the proceedings. Counsel’s incisive
questions and the telling answers they elicit will be of no avail if there is
no record that the questions were ever asked or that the answers were
ever given.

9. Suggestions of counsel looking to the comfort or convenience of jurors should be made to the
court out of the jury's hearing.
10. Counsel shall seek permission of the court to approach a witness for the first time. If permission is
granted it need not be obtained again unless the court has withdrawn it. Counsel shall request
permission before approaching the bench.
11. Depending on the type of case, children may not be permitted in the courtroom whether or not
accompanied by an adult when court is in session.
PRETRIAL MOTIONS
Motions in limine and other pretrial motions may be scheduled by contacting the courtroom clerk.
These matters should be scheduled as soon as possible and preferably not later than the week
before trial. Before presenting a motion in limine to the court, counsel should discuss the issues with
opposing counsel. Often counsel will be able to agree on most if not all points, and the burden on the
court is diminished. The court and the clerk shall be notified promptly if a case is settled after it has
been set for trial. It is a basic courtesy, and it also makes it easier on the lawyers on cases that are
scheduled behind you on the docket.
JURY INSTRUCTIONS
Each party who has the burden of proof on a claim or defense shall provide proposed jury instructions
to the court and to the other parties not later than the conclusion of voir dire, unless otherwise
directed by the court. This is required by the local court rules and will be enforced. Proposed
converse or responsive jury instructions shall be provided to the court not later than the morning after
receiving the other party’s proposed jury instructions. Parties shall submit a “clean” copy and a “dirty”
copy of each instruction proffered. The dirty copy shall contain citations of authority and also indicate
whether it was prepared at the court’s direction or by which party it was tendered. Plaintiff shall also
provide a proposal for the numerical order that the instructions should be read to the jury. In addition
to providing hard copies, the parties are expected to be able to make changes while in chambers;
therefore, counsel shall bring their instructions on a compact disc, flash drive, or email them to the
court.
JURORS AND VOIR DIRE
1. Number of Jurors and Seating: The size of the jury panel will depend on the nature of the case and
length of the trial. Generally, the court finds 36 sufficient for most civil cases lasting one week or
less, and 42 sufficient for most criminal cases not involving drugs, guns, sex or children. Those
cases usually require 48 or more. The venire panel is seated from right to left beginning in the back
row of the jury box and moving down to the chairs and benches in the courtroom.
2. Juror List: Counsel will be provided with a jury panel list as soon as possible. Unless otherwise
ordered, no counsel or party may view a voir dire list except during voir dire after the panel has
been called in to the courtroom. Counsel and the parties shall return their voir dire lists to the clerk
at the conclusion of voir dire.
3. Supreme Court Rule 69.025: The court will give all parties an opportunity to conduct a reasonable
inquiry as to whether a prospective juror has been a party to litigation. Counsel can access
Case.Net on their personal computers through the court’s WiFi system. Counsel are strongly

encouraged to have their Case.Net search conducted while voir dire proceeds so that jury
selection is not delayed.
4. Voir Dire Examination: In criminal cases, the court will open voir dire by reading MAI-CR 300.02. In
civil cases, the court will open voir dire by explaining its purpose and describing the voir dire
procedure to the jury and the nature of the case. At the request of counsel, the court will also
inquire into any specific area relevant to the case. General voir dire will be conducted by counsel.
The purpose of voir dire is to get each venireperson to speak and determine if some obstacle to
fairness exists. A secondary purpose is to elicit information to use in making peremptory strikes.
Despite what counsel may have been told at a trial practice seminar, it is not the time to argue or to
try one’s case. In particular, voir dire should not be used to interview citizens ad nauseum. Counsel
shall not question the venire regarding hardship excuses: each summoned juror has been given an
opportunity to present a request for a hardship excuse before being sent to the courtroom. In a
case extending beyond one week, the court will raise the subject of hardship on its own. Counsel
should not invite jurors to have a side bar conference with the court: it is the court’s sidebar and no
one is to approach without being first authorized by the court. If a juror indicates a desire to
approach the sidebar, counsel may ask the court if the juror can come to the sidebar, and the court
will ordinarily allow it. Do not block the court reporter’s view of a venireperson who is speaking.
5. Jury Selection: At the completion of voir dire, the venire panel will be excused from the courtroom
and asked to be available for further questioning on an individual basis during the strikes for cause
process. After the strikes for cause are made, the peremptory strikes will be made by the parties.
TRIAL
1. Time of Trial: Trial typically begins at 9:00 a.m. and concludes not later than 5:00 p.m. The parties
are expected to be prepared to begin promptly, so the jury is not kept waiting. Counsel will not be
permitted to raise preliminary matters at the start of the trial day when the jury is ready to proceed.
Upon request, the court will be available to resolve preliminary matters 30 minutes prior to the
scheduled start time of the trial day, during the lunch break, or at the conclusion of the trial day.
2. Witnesses: Counsel shall provide a witness list to the court, court reporter and opposing party prior
to trial. Counsel shall disclose to the court the identity and order of witnesses as far in advance as
possible, but not later than the beginning of each day of trial. Counsel is expected to have
witnesses available to testify one after the other and to fill the entire trial day. Only one attorney for
each party shall examine or cross-examine each witness. The attorney stating the objections, if
any, during direct examination shall be the attorney recognized for cross-examination and vice
versa. The interrogation of each witness may consist of: (a) direct examination; (b) crossexamination;
(c) redirect examination; and (d) recross-examination. No further questioning will be
permitted except by leave of court in extraordinary circumstances.
3. Juror Note-Taking: The court generally allows note-taking by jurors during the trial.
4. Objections: There shall be no speaking objections. Counsel should state only the legal grounds for
the objection and should withhold all further comment or argument unless the court requests
elaboration. Counsel should instruct their witnesses not to answer a question while an objection is
pending.
5. Stipulations: Offers of, or requests for, a stipulation should be made privately, not within the
hearing of the jury unless made by previous arrangement between counsel and the court.

6. Sequestration Rule: If you wish to exclude potential witnesses from the courtroom during trial, you
must advise the court before the start of testimony. Once in place, the rule will remain in place for
the entire trial, and each attorney is charged with the duty of seeing that the witnesses comply with
that rule. If any witness violates the rule, whether willfully or otherwise, such witness shall not be
permitted to testify, except by consent of opposing counsel or unless the court, in its own
discretion, rules that justice requires such testimony be received. Unless the court should direct
otherwise (and it won’t), the sequestration rule doesn’t apply to parties or experts.
EVIDENCE/EXHIBITS
1. Any party offering interrogatories and answers as evidence shall first provide to the court and the
opposing party a written list which separately sets out in full each interrogatory together with
response thereto.
2. The attorney is responsible for all exhibits before, during and after trial. Exhibits should be marked
for identification prior to trial. Plaintiff should use numbers and defendant should use letters. An
exhibit list shall be provided to the court, court reporter and opposing party prior to trial.
3. Any paper or exhibit not previously marked for identification should be marked before it is tendered
to the court or a witness for examination. Any exhibit offered in evidence should at the time of such
offer be handed to opposing counsel if a copy thereof has not already been delivered before it is
tendered to the witness.
4. The location of easels, screens, large exhibits, demonstrative evidence and/or equipment used to
display said exhibits and demonstrative evidence shall be determined in joint conversation with
counsel and the court. Equipment and exhibits shall not be placed on the rail in front of the jury box
or in the space between the witness box and the jury without permission of the court. In the event
counsel wants witnesses to step down from the witness chair and utilize exhibits or demonstrative
evidence, they shall ask permission from the court.
5. If either party intends to use any depositions or portions thereof in lieu of calling a live witness, it is
incumbent upon counsel to review the deposition with opposing counsel and attempt to resolve all
possible objections in the deposition. Any remaining objections must be presented to the court for a
ruling well in advance of the proposed use of the deposition, so that the court can rule on any
objections in time for counsel to make the necessary edits without wasting jury time.
6. Use of exhibits during opening statements is permitted as long as you have consent from opposing
counsel and advise the court in advance.
7. At the conclusion of trial, counsel shall withdraw their exhibits on the record. Any exhibits which are
not withdrawn shall be retained by the court for thirty (30) days. If said exhibits are not claimed by
counsel within said time, they will be destroyed.
EXPERT WITNESSES
The court will not tell the jury that anyone is an expert. Counsel should not ask the court to tell the jury
that your witness is an expert or is qualified to give expert testimony and should not “tender the
witness as an expert” in front of the jury. The court will simply allow or exclude the testimony
depending on whether it is properly admissible and not add its blessing in front of the jury.

CLOSING ARGUMENTS
In civil causes tried before a jury, the plaintiff shall have the privilege of opening and closing the
argument. The plaintiff’s opening argument shall be made after all the evidence is in and after the
instructions have been read to the jury. Should the plaintiff decline to make the opening argument, he
will be considered as thereby having waived his privilege of closing the argument, and shall not be
allowed to do so, but the defendant shall nevertheless have the privilege of making his argument.
Before argument of counsel begins, the court will determine how much time will be allowed each side
for argument, each side being allowed the same length of time. The plaintiff may apportion the time
allowed him between his opening and closing arguments as he may choose, provided he shall not
consume more than half of his time in his closing argument. In those cases in which the court decides
that the defendant has the affirmative of the issues, he shall have the privilege of opening and closing
the argument in like manner and under the same restrictions as above laid down for the plaintiff.
Before argument of counsel begins, the court may, in its discretion, change the order of argument as
above prescribed in a particular cause. The court may, in its discretion, allow the argument in a
particular cause to extend beyond the allowed time if the circumstances in the opinion of the court
render it proper to do so. Argument of counsel in criminal causes shall be in the order prescribed in
Missouri Supreme Court Rule 27.02.
POST-TRIAL JUROR CONTACT
No attorney or client, their agents or representatives, shall contact any member of a jury which has
heard evidence in any cause in this circuit; provided, however, the court in its discretion may grant
permission to attorneys or clients to discuss a case with jurors immediately after the return of a
verdict; provided further, the court may also allow contact with jurors if necessary for purposes of a
timely after-trial motion filed under Missouri Supreme Court Rules.