Judicial Preferences
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Back | View Judges List R. Allan Edgar, Senior United States District Judge Written correspondence from counsel to the court. This is discouraged. However, if correspondence is written, copies should be sent to counsel for all parties. Communication between counsel and the Judge's law clerks. This is permitted so long as there is no discussion about the merits of any case. Preference for the use of telephone conferences rather than in-person conferences for any category of conferences that you schedule in connection with a case. Prefer personal appearances. In some cases, counsel, upon request for good cause, will be permitted to appear by telephone. Preference regarding pro hac vice admissions. These are generally allowed provided that local rules are adhered to. Preference regarding oral arguments on motions. Oral argument is not usually held on motions unless requested by the Court or a party. Preference for courtesy copies of motions, briefs, and other writings for chambers. This is always helpful. Standard form for scheduling order(s). See attached. Preferences regarding Federal Rule 16. No preference. Preferences regarding Federal Rule 26. No preference. The extent to which counsel may influence the length of the discovery period, extensions, trial dates, etc. Any changes in scheduling order may be made only by the Court upon motion of a party. The average amount of time allowed for discovery in a standard case. Varies with each case. Preferred approach and procedures for handling discovery conferences and disputes. Counsel for all parties are required by Federal Rules of Civil Procedure to attempt to work out discovery disputes prior to bringing them to the attention of the Court. Preferences regarding the handling of confidentiality agreements. No preference. Preferences regarding requests for additional pages in excess of the page limitations set forth in Local Rule 7.1(b). Do not request unless very much needed. Preferences and procedure regarding scheduling trials, including whether a date certain for trial is assigned; if so, the amount of time prior to trial that such a date certain is assigned; and the extent to which it may be moved during the month in which it has been scheduled. A certain trial date is set at the scheduling conference conducted by the Judge. The Court resists changes this date except for very good cause. How needs of out-of-town parties, attorneys, or witnesses are accommodated. Out-of-town parties, attorneys and witnesses are treated just like locals. Preferences regarding the delivery of written reports to the court by expert witnesses who are scheduled to testify. These are not to be delivered to the Court. Preferences regarding the submission of trial briefs by counsel. Not required unless ordered by the Court. Counsel participation in voir dire. Counsel do participate in voir dire. Time limits for opening and closing statements at trial. Usually no time limits for opening statements. At trial, time limits are placed on closing statements. Preference for counsel to examine witnesses from counsel table or elsewhere, including whether you prefer counsel to remain seated while examining witnesses. Counsel are to stand when examining witnesses – preferably at the podium. If they wish to stand elsewhere, they should advise the court so that a mike may be placed on their lapel. Whether more than one attorney may handle trial for a party. Yes. Preference for handling sidebar conferences. Try to keep to a minimum. Preference or requirements for introducing videotaped testimony. No preference. Pre-marking of documentary and photographic exhibits and other demonstrative evidence for trial and the date upon which exchange of exhibits is to take place, if any. Date for exchange is in the scheduling order. Exhibits should be marked with stickers. A list should be provided to court officer and the Court. Preference for the moving of exhibits into evidence at trial. No preference. Allowance of examination of witnesses beyond redirect and recross. Usually do not allow questioning beyond this. Special requirements for reading of depositions or other material onto the record at trial. No preference. Preference for written motion and/or brief for judgment as a matter of law or judgment on the pleadings when such motion is made during trial. Not required. Approach to in limine motions. Court will try to deal with as many of these as possible at the final pretrial conference. Practice for the receipt of proposed jury instructions, including the form of jury instruction. Scheduling order provides a date for submission of special jury instructions. Written requests are sometimes accepted during trial. Note-Taking by jurors. This is allowed. Whether the jury may take exhibits into the jury room for deliberation and, if so, any limits. Yes, except firearms and illegal narcotics. Preference regarding the submission of written verdict forms (in the form of interrogatory questions) to the jury. The Court submits written verdict forms to jurors. Written jury instructions provided to the jury. Yes. Requirements as to counsel's whereabouts during jury deliberations. They are requested to stay in the courthouse where they can be reached. Whether counsel may speak with the jurors after a verdict has been rendered and recorded and, if a jury is polled, who conducts the polling. Local Rule prevents counsel from post-verdict communication with jurors without Court permission. Polling is usually conducted by the courtroom deputy or the Court. Jury requests for review of testimony or recorded evidence. This is treated on a case-by-case basis. Handling requests for temporary restraining orders, preliminary injunctions, and other emergency relief. Comply with Rule 65, Federal Rules of Civil Procedure. As to injunctions, whether expedited discovery and briefing is allowed and, if so, whether briefing is allowed before or after any preliminary injunction hearing, and whether proposed findings of fact or conclusions of law in such cases are required. Court does not require proposed findings or conclusions in connection with injunctions. Briefs are always welcome. Prefer to receive copies of appellate filings when an appeal has been taken from an order. No. General approach to settlement in non-jury cases and use of magistrate judges. In all cases, the parties are urged to try to settle – using mediation or arbitration if necessary. Extent to which practices and procedures in criminal cases are varied from those in civil cases. Trial practices are the same. Scheduling orders in criminal cases differ, of course, from those in civil cases, and are entered by United States Magistrate Judges. In criminal cases, the Court adheres to plea and motions deadlines unless modified upon motion addressed to the Court. Pleas coming after plea deadlines will normally be taken by the Court only if the defendant pleads "straight up" without a plea agreement. Procedures as to magistrate's reports. Court follows 28 U.S.C. § 636. Media communications. Use discretion.
