• Everyone who is able to do so is expected to stand when the judge or jury enters the courtroom.
• If counsel, clients or witnesses have a cellular phone, pager or audible watch, make sure it is silenced before it is brought into the courtroom.
• While Judge Proud realizes that some lawyers believe that incivility is just part of the litigation process, he does not share that belief. Judge Proud is courteous to all who enter his chambers and courtroom and will expect and tolerate no less from anyone else.

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Judge Proud views one of his more important roles to be the protector of the juror’s time and reducing the imposition on their lives to every extent possible. Every trial participant must be cognizant of the impact on the jurors of anything which could cause them to waste their time by not observing trial proceedings. Consequently, the Court demands that everyone accomplish anything which might cause a delay prior to the jurors arriving. Judge Proud will make every effort to explain unavoidable delay to the jurors in terms that will not reflect on either party. A pattern of delay that is avoidable may result in the jurors be advised who caused the delay.

It is appropriate to stand when addressing the Court and witnesses. Likewise, every trial participant must be sure she/he is speaking loudly enough for the judge, the Court reporter and the jury to hear. This need will require the elevated volume of one’s voice or use of a microphone. An interrogator should make certain her or his witness is speaking closely to and directly into the microphone.

Permission to approach a witness need not be requested unless an integral part of one’s own trial strategy. Likewise, remaining at the podium is not required as long as one is certain that everyone can adequately hear. Remember it is your record that you are trying to establish and it is your evidence you are eliciting, so let everyone have the benefit of it here and in Chicago.

All remarks shall be addressed to the Court to avoid colloquy or argument between trial counsel, which is prohibited. Outside of voir dire, jurors shall never be individually addressed or used for illustration of any purpose.

The Court does not tolerate non-verbal communication from litigants. Unfortunately, a litigant who is disenchanted with testimony or the rulings of the Court may communicate his dissatisfaction by using facial expressions. Aside from showing disrespect for the proceeding at hand, such communication is a source of consternation for jurors. At the worst, it could be interpreted, by the Court or jury, as a means of influencing the jury outside the scope of the normal rules of courtroom engagement. Counsel should advise their clients to refrain from such activity. Should the Court discern a pattern of such activity, it will issue a warning to counsel. Further examples of this behavior may result in an admonishment directly to the litigant or, if sufficiently blatant and prejudicial, expulsion of the offending litigant from the courtroom.

Counsel shall insure that parties and witnesses do not mingle with potential jurors or trial jurors. Prior to trial, the venire panel will be located in the jury assembly room and instructed to report directly to the jury deliberation room adjacent to the courtroom once they have been selected for trial. However, mingling is always a potential when the jurors arrive at and leave the courthouse or go to the smoking area.

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Venire and Voir Dire

Prior to seating the venire panel, each potential juror is required to fill out a questionnaire, a copy of which will be given to each party. You can obtain a blank copy of the questionnaire upon request of chambers or the jury administrator. Likewise, a copy can be downloaded by linking to the juror questionnaire.

The Court will conduct the voir dire. Following the Court’s voir dire, each
party shall be given the opportunity to submit additional questions. If either side would like the Court to ask particular questions of the panel, such questions should be submitted to the Court prior to the seating of the panel, with a copy provided the other parties.

At the conclusion of all questions, the panel shall be excused from the room. Thereafter, the Court will entertain any cause challenges, followed by peremptory challenges. Challenges shall be exercised individually in alternate fashion. All jurors in civil cases remaining at the beginning of trial shall remain on the jury throughout deliberation unless excused for cause.

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Opening Statement and Closing Argument

The Court will determine the time counsel will be given for opening statement. Any exhibits which counsel wish to use during the opening must first be shown to opposing parties and a determination of whether there is agreement for its use. In the event of disagreement, the Court will only allow the use of the exhibits for which admissibility can be determined promptly and without causing a delay in the start of the trial. Electronic demonstrative aids that do not involve exhibits to be introduced during trial, such as Power Point, must be shown to opposing parties and the Court for evaluation of its reasonableness.

Counsel should maintain a reasonable distance from the jury, but are not required to confine themselves to the podium. However, if the jury or the court reporter have difficulty hearing counsel, the podium and direct use of the microphone will be required.

The Court will determine the appropriate time to be spent in closing arguments. The Courtroom Deputy will give warnings as requested. Any demonstrative aids that are not admitted exhibits must be shown to the opposing side and the Court for evaluation of reasonableness
before use.

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Examination of Witnesses

Counsel are expected to plan trial time so as to prevent delays occasioned by a witness’s absence. Witnesses should be present and ready to testify when called. Unless the Rule on Witnesses has been invoked, one’s next witness should be in the courtroom and ready to take the stand when announced. Counsel should not depend on their agreement to suspend testimony for a period of time as an accommodation to witnesses without consulting the Court.

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Objections to Questions

In objecting, counsel should simply advise the Court of the grounds for the objection, without argument or speaking beyond the bare grounds. Should the Court desire argument relative thereto it will so indicate.

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Exhibits

Exhibits should be pre-marked. Use individual arabic numerals for each exhibit, without relying on an alphabetic denomination. Designate multiple page exhibits with one exhibit number, using page numbers for further identification. Do not group sets of multiple photographs. Give each photograph a separate exhibit number.

If an exhibit must be marked during trial, the exhibit shall be handed to the Courtroom Deputy clerk for marking.

In order to avoid confusion, counsel should move for admission of an exhibit contemporaneously with the particular testimony establishing its admissibility. Counsel should maintain a list of admitted exhibits for comparison with the clerk’s when a question arises regarding admissibility or whether an exhibit is to be sent to the jury.

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Depositions

Counsel should confer prior to trial to work out which objections in depositions can be resolved without the Court’s intervention. To the extent that some agreement can be achieved, all copies of the deposition, including the Court’s original, should be marked to strike testimony that will not be read to the jury. If objections remain that need ruling upon by the Court, counsel shall so advise the Court well in advance of the time the deposition is to be shown or read to the jury.

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Jury Instructions

The parties must submit jury instructions by the deadline set at the Final Pretrial Conference. Instructions shall be submitted with a completed jury instruction chart, on the form provided by this Court at the Final Pretrial Conference. The parties shall tender to the Court an original and one copy of each proposed instruction. The originals shall be on 8½" x 11" plain white paper without any designation or number. The copies shall be numbered, shall indicate which party tenders them, shall contain a source (e.g., "IPI 2.01"), and shall include a legend indicating whether the instruction was:

____ withdrawn ____ given ____ given as modified ____ refused.

Instructions also should be submitted to the Court on disk in WordPerfect format. Counsel shall provide copies of all proposed instructions to opposing counsel at or before the time they are tendered to the Court.

Near the conclusion of the evidence the Court will hold an instruction conference. However, prior thereto and at a time that will not delay the Court’s conference or the trial, counsel shall meet and confer for the purpose of determining which instructions shall be given by agreement. During the initial portion of the instruction conference, while off the record, the Court will inquire as to the areas of agreement and dispute. For those instructions in dispute, the Court will listen to argument and then decide which instruction will be given. After determining the complete set of instructions to be read to the jury, the Court will, on the record, announce formally which instructions it intends to give. Each party will be given an opportunity to argue its position, and the Court will announce whether its prior decision stands or whether it has been persuaded to change its ruling.

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Jurors

Every effort must be made to avoid contact with jurors or potential jurors. Jurors must utilize public hallways and elevators. Counsel, in addition to being constantly aware of the potential for the presence of jurors, must advise clients and witnesses not to speak about the case in the common areas of the building. Any inadvertent contact must be reported to Judge Proud or his Court Security Officer immediately.

Neither counsel nor parties shall be allowed to retain any of the computer printouts or questionnaires with juror demographic information.

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Staff:
Courtroom Deputy Clerk: (Scheduling matters) Angie Vehlewald (618) 482-9419
Court Security Officer: Richard Ray (618) 482-9139
Law Clerk:  Meg Robertie (618) 482-9106
Law Clerk: Joan Tanner (618) 482-9006

Address:
Melvin Price Federal Courthouse
750 Missouri Avenue,
Courtroom 4
East St. Louis, IL  62201
Phone: (618) 482-9006 Fax: (618) 482-9010

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