Staff Information
Documents
Courtroom
Judicial Preferences
1. Written communication from counsel to the Court.
Accepted for routine matters such as scheduling, advising of settlement status, etc. with copy to counsel for all parties. No communication should address the merits of any matter, except for providing information pertaining to informal discovery disputes as expressly directed by the Court, and in any event, counsel for all parties should be copied.
2. Communication between counsel and the Judge’s law clerks or Judicial Assistant.
Permitted, as per above, via email to poplin_chambers@tned.uscourts.gov. If there is a time-sensitive matter related solely to scheduling, counsel may contact chambers by telephone with participation or express permission of counsel for all parties.
3. Telephonic and videoconference hearings in lieu of personal appearances.
The Court expects all lawyers who will be actively involved in any discovery related motion to attend the hearing on any such motion. Telephonic motion hearings may be allowed if there are attorneys involved whose offices are a significant distance from the Court UNLESS the number of lawyers, or the subject matter of the hearing would, in the Court’s judgment, make a telephonic hearing impractical. Well in advance of a hearing, counsel may request a telephonic hearing by contacting the Court’s Judicial Assistant.
Note: Informal discovery dispute conferences are typically held by telephonic hearing. For videoconference hearings, counsel should maintain appropriate decorum as if present in the courtroom.
4. Oral arguments on motions.
The Court will schedule oral argument on a motion if it believes such argument will be useful. If the parties intend to present evidence at the hearing, they must notify the Court in advance so that arrangements can be made to have an official court reporter present.
5. Courtesy copies of motions, briefs, and other writings for chambers.
Only if requested by the Court.
6. Standard form for scheduling order(s).
See links to forms above.
7. Counsel input regarding the discovery period, extensions, trial date, etc.
Counsel participate in preparing the case schedule. Once a scheduling order has been entered, counsel are expected to comply with the deadlines or seek timely relief therefrom supported by good cause.
8. Procedures for handling discovery disputes.
Lawyers should (1) meet and confer in good faith and use their best efforts to resolve discovery disputes promptly among themselves and (2) bring disputes that cannot be resolved after using best efforts to the attention of the court promptly. For any issues that remain after their meet and confer, counsel shall send a joint email to poplin_chambers@tned.uscourts.gov with a bullet point list of the remaining discovery disputes, and the Court will thereafter provide the parties with guidance about how to proceed.
9. Confidentiality agreements.
The parties may agree to utilize any procedure they find mutually acceptable for handling confidential information; however, with regard to filing documents “under seal” with the Court, they must meet the requirements of Local Rule 26.2 and be mindful of the considerations set forth in Proctor & Gamble Co. v. Bankers Trust Co., 78 F.3d 219 (6th Cir. 1996).
10. Requests for additional pages in excess of the page limitations set forth in Local Rule 7.1(b).
Must be submitted by written motion.
11. Accommodations for out-of-town parties, attorneys, or witnesses.
The Court will attempt to accommodate specific problems related to the appearance of out-of-town parties, attorneys, and witnesses. Counsel should alert the Court as soon as they become aware of any such issues by email to poplin_chambers@tned.uscourts.gov with copy to all counsel of record. The Court will determine whether it will act based upon the information provided or require a written motion.
12. Submission of trial briefs by counsel.
Proposed Findings of Fact and Conclusions of Law are required in non-jury trials. The Court may require briefs to be filed depending on the nature of the case and issues in dispute.
13. Counsel participation in voir dire.
The Court will conduct a general voir dire, and then counsel may supplement; however, the Court reserves the right to limit counsel’s participation as justice may require.
14. Time limits for opening and closing statements at trial.
The Court will allow counsel input when determining how much time will be allotted for opening and closing statements; however, once the Court has determined the time allotted, counsel must abide by those limits.
15. Requirements when addressing the Court and examining witnesses.
If physically able, counsel must stand when addressing the court, making objections, or examining witnesses unless otherwise instructed. Generally, counsel must question witnesses from the podium, but the Court will entertain well supported requests to do otherwise if made pre-trial.
16. Number of attorneys who may participate in argument and the questioning of witnesses at trial for a single party.
The Court does not automatically impose any limit on the number of attorneys who may make arguments and question witnesses at trial for a single party; however, only one attorney may examine any given witness, including making objections on cross examination. Only one attorney may handle any given argument, although different attorneys may handle the opening and closing statements. The Court encourages firms to provide opportunities for attorneys newer to the profession to meaningfully participate in making arguments and examining witnesses at trial.
17. Sidebar conferences.
Sidebar conferences are discouraged but permitted, if necessary. If a lengthy conference is needed, the Court will excuse the jury.
18. Introducing videotaped testimony and using courtroom technology.
Counsel must notify the courtroom deputy in advance if videotaped deposition testimony will be utilized at trial or if counsel wishes to make use of the Court’s evidence presentation equipment. Counsel is encouraged to make use of the courtroom technology and to schedule a time with the Clerk’s Office to test the equipment and receive any necessary training.
19. Pre-marking of documentary and photographic exhibits and other demonstrative evidence for trial.
The scheduling order sets a date certain for exchanging exhibit lists and reviewing exhibits. Any exhibit which may introduced at trial must be pre-marked at the final pre-trial conference.
20. Mechanism for presenting exhibits at trial.
Counsel should use an exhibit notebook with jointly submitted pre-marked exhibits as required by the scheduling order. An exhibit should not be published to the jury without the Court’s permission.
21. Allowance of examination of witnesses beyond redirect and recross.
No set practice, but discouraged.
22. Written motions and/or briefs for judgment as a matter of law or judgment on the pleadings when such motion is made during trial.
Preferred, but not required.
23. Notetaking by jurors.
Note taking by juror is permitted.
24. Exhibits in the jury room for deliberation.
The Court utilizes the Jury Evidence Recording System (JERS), which allows the jury, during deliberation, to view electronic copies of exhibits received into evidence on a monitor in the jury room.
25. Submission of written verdict forms (in the form of interrogatory questions) to the jury.
Special verdict forms are utilized when necessitated by the nature of the particular case.
26. Written jury instructions provided to the jury.
The Court does provide written instructions to the jury.
27. Counsel’s location during jury deliberations.
Counsel is not required to stay at the courthouse during deliberations but must provide a cellular telephone number to the courtroom deputy and remain close enough to return within ten minutes of being contacted.
28. Speaking with the jurors after a verdict has been rendered and recorded and polling of the jury.
Polling after the verdict will be conducted by the Court. Upon oral or written motion, the Court will consider permitting post-verdict contact with jurors per Local Rule 48.1.
29. Copies of appellate filings when an appeal has been taken from an order.
Counsel is not required to provide the Court with appellate filings
30. General approach to settlement in both jury and non-jury civil cases.
The parties are generally expected to attempt to resolve their cases prior to trial by participating in good faith in mediation. Parties who do not wish to engage in mediation should be prepared to explain to the Court why their case is not suitable for mediation.
31. Civility.
Civility is of the utmost importance to the Court. When addressing the Court and interacting with opposing counsel and witnesses, counsel is expected to behave in a civil and professional manner that brings honor to the profession and inspires confidence in our legal system.
32. Requirement to confer before requesting sealing.
The parties are required to meet and confer prior to filing a motion to seal documents. All motions to seal information that has been designated as confidential, whether by a party or non-party to the action, must include language certifying that the meet and confer requirement has been met. Please refer to the Memorandum and Order Regarding Sealing Confidential Information filed in every civil action for further information.
33. Notifying the Court of settlement.
If the parties settle their case, counsel shall promptly file a Notice of Settlement. Additionally, the parties must submit a stipulation of dismissal or an agreed order of dismissal within 30 days of the date the Notice of Settlement was filed or before the trial date, whichever is sooner, unless that date is extended by the Court upon motion, or the Court directs otherwise. See E.D. Tenn. L.R. 68.1.