Judge Collier discourages written correspondence from counsel. However, if correspondence is written, copies should be sent to counsel for all parties.

 

 

Requests for action by the Court and the submission of information to the Court should be made by motion or other appropriate filing. Judge Collier's law clerks will occasionally communicate with counsel on purely administrative matters, however. Telephone calls to chambers should include a representative of each side in the litigation whenever possible.

 

 

Judge Collier expects counsel who will be actively involved in the case and who have authority to bind their party to attend the scheduling conference and the final pretrial conference in person. Judge Collier may initiate a telephone conference in other situations when necessary.

 

 

No preference.

 

 

Judge Collier typically does not hold oral argument on motions. If Judge Collier believes oral argument will be useful, he will set it. If a party believes oral argument would be of particular benefit on a motion, the party may file a separate motion that explains why oral argument should be scheduled.

 

 

Courtesy copies are not necessary unless specifically requested. Please see item 31 below regarding proposed jury instructions.

 

 

Judge Collier uses a standard scheduling order and encourages parties to be familiar with the form when they attend the scheduling conference.

 

 

No preference.

 

 

No preference.

 

 

Judge Collier generally defers to reasonable attorney input at the scheduling conference as to the length of the discovery period and as to the month for a trial date. Reasonable extensions that do not affect the trial date or the Court's ability to consider a dispositive motion are more likely to be granted than other extensions.

 

 

Varies with each case.

 

 

Counsel for all parties are required by local rule to attempt to work out discovery disputes prior to bringing them to the attention of the Court. If they are unsuccessful, the dispute should be brought to the attention of the assigned magistrate judge.

 

 

No preference.

 

 

Judge Collier believes that the page limitations set out in Local Rule 7.1(b) are sufficient in all but the most exceptional cases. Any request for additional pages should be made by motion at least two business days before the overly long document is due to be filed and should state all parties' positions on the request if possible.

 

 

A date certain for trial, typically a Monday, is set at the scheduling conference. Rarely will this trial date be moved.

 

 

These needs are accommodated at the scheduling conference by setting dates that take into account out-of-town participants. Judge Collier will consider other reasonable requests for accommodation, but out-of-town participants should exhaust all options before submitting such a request.

 

 

These are not to be delivered to the Court.

 

 

Trial briefs on evidentiary and legal issues are encouraged but not required.

 

 

Judge Collier will conduct all voir dire, but welcomes submission of proposed voir dire questions by the parties prior to trial.

 

 

Judge Collier does not set a time limit for opening statements, but expects attorneys to be reasonable with respect to the consumption of time. The Court will consider counsel's input regarding a reasonable time limit for closing statements.

 

 

Counsel must stand and are to examine witnesses from the lectern.

 

 

Judge Collier permits more than one attorney to handle a trial for a party; however, only one attorney for a party may conduct examination and raise objections during the testimony of any given witness. Judge Collier encourages more senior counsel to identify portions of a trial that may be handled by more junior counsel.

 

 

Judge Collier discourages sidebar conferences. Counsel should raise such matters in conjunction with breaks during trial, when the jury is out of the courtroom. Counsel should confer with each other, anticipate these needs, and notify the courtroom deputy or the law clerk as the need to address an issue approaches.

 

 

No preference. Judge Collier expects counsel will discuss this in advance of trial and reach agreement on the method.

 

 

Date for exchange is determined at the scheduling conference. Exhibits should be pre-marked according to the exhibit list the parties prepare. Provide three copies of the exhibit list to the courtroom deputy before the trial begins.

 

 

No preference, but the Federal Rules of Evidence should be followed.

 

 

Examination beyond redirect is discouraged, but on occasion Judge Collier will allow recross.

 

 

No special requirements.

 

 

Not required.

 

 

Judge Collier prefers to rule on motions in limine prior to trial, but sometimes the context provided by the trial is necessary to determine the issues.

 

 

The scheduling order provides a date to file requests for jury instructions. The parties should confer and submit joint proposed jury instructions to the extent possible. A courtesy copy of requests for jury instructions should be sent as an attachment in word-processing format (e.g. Microsoft Word or other compatible format) to collier_chambers@tned.uscourts.gov by the date set out in the scheduling order.

 

 

Allowed.

 

 

Jurors may take exhibits into the jury room for deliberation, except for firearms and controlled substances. All exhibits which can be put in electronic form must be in electronic form. The jurors will not receive physical copies of any exhibits which can exist in electronic form, but instead will view them on an electronic evidence display system in the jury room.

 

 

The Court submits written verdict forms to jurors.

 

 

Yes. A copy of the final instruction is provided to the jury when it begins deliberation.

 

 

Attorneys are requested to stay in the courthouse during jury deliberations.

 

 

Local Rule prevents counsel from post-verdict communication with jurors without Court permission. When requested, polling is conducted by the courtroom deputy.

 

 

Such requests are treated on a case-by-case basis, but are generally discouraged.

 

 

Parties must comply with Rule 65 of the Federal Rules of Civil Procedure. Judge Collier will ask the requesting party to notify the opposing party as the Court sets an emergency hearing. Parties requesting an emergency hearing should be prepared to appear when the Court sets a hearing, often the same day the petition is filed.

 

 

Expedited discovery and briefing is allowed before a preliminary injunction hearing. Proposed findings of fact and conclusions of law are welcomed.

 

 

No.

 

 

In all cases, the parties are urged to try to settle, using mediation or other alternative dispute resolution if necessary. Magistrate judges may be involved on a case-by-case basis.

 

 

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. The Court generally will not accept a plea agreement executed after the plea deadline, but of course a defendant is free to plead guilty.

 

During criminal sentencing hearings, the Court does not allow testimony by character witnesses; the Court only allows witness testimony on factual disputes that have the potential to affect a defendant’s Guideline range.  The Court does accept and review letters of support submitted before a sentencing hearing, and the Court accepts representations of counsel during a sentencing hearing as to the substance of what a character witness would say if that witness were to testify.

 

 

The Court follows 28 U.S.C. 636.

 

 

Local Rule 83.2 controls. Judge Collier discourages any communication regarding pending cases while such cases are in his court.

 

Citations to authority should be placed within the text of a document, not in footnotes or endnotes.