Mary Ann L. Medler - United States Magistrate Judge

United States District Court - Eastern District of Missouri
111 South Tenth Street, Suite 3.300, St Louis, MO 63102
St. Louis Phone: (314)244-7900 - Cape Girardeau Phone: (573)335-8538
Clerk of Court: Jim Woodward, jim_woodward@moed.uscourts.gov

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 are expected to know these rules and to follow them.

2. INFORMAL MATTERS

I do not have a set time for informal matters. If you have an informal matter, please call chambers and we will give you some available times. I am almost always available so scheduling is not a problem. You will then be required to notify opposing counsel, agree on one of the available times, and call chambers to confirm. Oaths of admission for new attorneys can be scheduled at your convenience. Please call chambers for an appointment.

3. SCHEDULING CONFERENCES AND CASE MANAGEMENT ORDERS

Civil cases are usually set for Rule 16 conferences after all defendants have answered or have filed motions in response to the complaint. If for some reason a party believes the conference should be set sooner, that party should file a motion or call chambers. The order setting Rule 16 Conference and the Case Management Order are self-explanatory. When you come for the Rule 16 Conference, be prepared to discuss the facts of your case and all other matters set out in the Rule 16 order. Rule 16 conferences are usually held in chambers. When any party appears pro se, Rule 16 conferences are held on the record in the court room.

4. DISCOVERY DISPUTES

I usually schedule discovery motion hearings within two weeks of receipt of the motion. I do not wait for or require a response/reply brief unless the party requests that option. If the discovery issues involve complex matters of law, this procedure is adjusted to fit the dispute.

5. DISPOSITIVE MOTIONS

A courtesy copy of all Motions to Dismiss, Motions for Summary Judgment and Motions for Judgment on the Pleading -- together with all exhibits -- should be provided to chambers by the party filing the Motion. In addition, a courtesy copy of all Responses to these Motions and all Replies -- together with all exhibits -- should be provided to chambers by the party filing the Response or the Reply.

6. TREATING PHYSICIANS - EXPERTS

If a treating physician is to testify as to an opinion, the treating physician must be disclosed as an expert, but need not provide the report required by Rule 26. If a treating physician is not going to give opinions, he/she must be disclosed as any other fact witness.

7. PRETRIAL COMPLIANCE AND PRETRIAL CONFERENCE

Each party should provide to chambers a courtesy copy of their pretrial compliance. I generally have a formal pre-trial conference in advance of the day of trial, usually sometime during the preceding week. We will call you to schedule it. At the conference, we will discuss any evidentiary problems, motions in limine, scheduling issues, etc. We will put any necessary argument and all rulings on the record thirty (30) minutes prior to trial.

8. JURORS AND VOIR DIRE

For voir dire, the panel is seated left to right; numbers 1-8 in the back row and numbers 9-15 in the front row. I add a row of chairs in front of the jury box, usually 16-23.

You will be provided a list of the jury panel members as they enter the courtroom. The list is not available in advance. The list contains names, municipality where the juror lives, employer and former employer, occupation, and spouse's employer and occupation. Hobbies and children's ages and occupations are provided if the juror gives us that information.

At voir dire I will make an introductory statement about the nature of the case. I will then ask the panel about scheduling difficulties, physical disabilities and/or special needs. It is my current practice to allow attorneys to conduct their own voir dire. General questions must be asked generally, that is, of the panel as a whole. You may then ask follow up questions of any persons who raise their hands. You may not make speeches, argue your case, tell the panel about yourself or your family or do anything else that is not directly designed to elicit information about potential jurors.

After all questioning has been completed, the panel will be removed from the courtroom and I will immediately ask for challenges for cause. No challenges for cause or statements that the panel is acceptable may be made in front of the jury panel. After any persons are stricken for cause, the plaintiff will make its peremptory challenges and then the defense will makes its peremptory challenges. In a civil case, the first seven or eight jurors remaining after the strikes will be seated and all are "real" jurors. There are no alternates. The number of jurors will depend on the length of the trial.

After the jury is selected, all copies of jury lists must be returned to the clerk.

9. COURTROOM LOGISTICS

Use of the Lectern: Voir dire, opening statements, examination of witnesses, and closing arguments must be made from the lectern. Your may approach a witness to hand an exhibit but must then return to the lectern for questioning.
Objections: Stand, approach the lectern and state the legal basis for your objection, without argument or elaboration. I will either rule or ask you to approach for a sidebar conference.
Recording: The proceedings in my courtroom are all electronically recorded. Therefore, anything you say must be directed into the microphone at the lectern. If you speak from one of the counsel tables or while you are returning to the lectern after handing an exhibit to a witness, your question or objection will not be part of the record. The court may ask you to approach the microphone and repeat yourself.
Exhibits: You must pre-mark all exhibits, as set out in the Case Management Order. Do not ask us to mark exhibits for you.
Jury Instructions: I prefer to use the Manual of Model Civil Jury Instructions for the District Courts of the Eighth Circuit (most current) for all boilerplate and for any substantive matters covered by these instructions. I only use Devitt & Blackmar for boilerplate not contained in the Model Instructions. I use MAI (or another state's approved instructions, if appropriate) for issues governed by state law. I send the instructions to the jury in writing. Each party should have available clean copies of their proposed instructions for this purpose. At the pretrial conference each party should provide me a computer disk containing their proposed jury instructions as a WordPerfect (wpd) document or in ASCII (TXT) format.
Closing Arguments: Twenty minutes is the presumptive time limit. I may allow longer if there is a good reason. The clerk will provide you with a warning if you request it. Plaintiff or government must use more than fifty percent of its time in the opening part of its argument.

10. COURTROOM DECORUM

Stand when the jury enters the courtroom; stand at all times when speaking.

No eating, drinking other than water, gum chewing or audible cell phones, beepers or watches are allowed. Please tell your clients and witnesses these rules.

All witnesses and opposing counsel must be addressed by their last names with appropriate titles. Do not call opposing counsel or any witness by their first name, even your clients, and please advise witnesses not to address counsel by their first names. This rule governs how we address one another in the courtroom---it does not mean that witnesses have to refer to one another in any certain way in their testimony.