Judge Brian E. Murphy
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Judges
Murphy, Brian E.
Federal Judicial Service
Judge, U.S. District Court, District of Massachusetts.
Nominated by Joseph R. Biden on March 21, 2024, to a seat vacated by Patti B. Saris.
Confirmed by the Senate on December 2, 2024.
Education
College of the Holy Cross, B.A., 2002
Columbia Law School, J.D., 2006
Courthouse
Boston Courthouse
John Joseph Moakley U.S. Courthouse
1 Courthouse Way, Suite 2300
Boston, Massachusetts 02210
Courtroom
12, 5
th
floor
John J. Moakley Federal
Courthouse - Boston, MA
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Staff
Standing
Orders
Judicial Forum Survey
Staff
Chambers Procedures/Standing Orders/Sample Orders
Scheduling Order
Standing Order Regarding Summary Judgement Motion Practice
USDC Judicial Forum Survey
Civil - Case Management
Q1: Do you have any specific scheduling order or any particular topics that counsel must address in the joint statement in addition to/or in lieu of the topics required to be addressed under Local Rule 16.1(D) for the initial scheduling conference?
A1: Yes, see the scheduling order.
Q2: If you have a specific scheduling order, please attach your order.
A2:
Scheduling Order
Q3: Do you have any additional requirement(s) as to the attorneys' obligation that they confer with their client(s) about case budget and ADR pursuant to Local Rule 16.1(D)(3)?
A3: No.
Q4: What, if any, inquiries do you make about settlement prospects and/or interest in mediation at the initial scheduling conference?
A4: The Court will inquire about the parties' interest and make known the availability of mediation.
Q5: What, if any, inquiries do you make about the likelihood of trial at the initial scheduling conference?
A5: None.
Q6: What schedule do you set at the initial scheduling conference?
A6: Through summary judgement.
Q7: After the initial scheduling conference, do you hold status conferences?
A7: Yes.
Q8: If so, when do you hold status conferences?
A8: Yes, at the close of discovery and when requested by the parties.
Q9: If so, what issues do you address at status conferences?
A9: Any outstanding discovery issues, settlement prospects, the need for expert discovery, dispositive motion schedule, and likelihood of trial.
Civil - Discovery
Q10: Other than the requirements under Local Rule 16.1(D) for addressing certain discovery topics in the parties' joint statement, what, if any, discovery issues do you like counsel to be prepared to address at the initial scheduling conference?
A10: Any unusual discovery issues unique to the case.
Q11: What, if any, issues related to electronically stored information should counsel be prepared to address at the initial scheduling conference?
A11: If the parties have established any particular proposal as to ESI, they should include it in their joint statement.
Q12: If the parties intend to file a proposed protective order, do you require any particular format and/or a specific time for doing so?
A12: No, but parties should move for an order as soon as a need is identified.
Q13: Under what circumstances would you consider a bifurcation of discovery?
A13: The Court will consider requests on a case-by-case basis but will generally not allow bifurcation.
Q14: Given the new requirement under Fed. R. Civ. P. 26(b)(1) regarding the proportionality of the scope of discovery, what, if any, inquiry do you make about this issue at the initial scheduling conference?
A14: None, unless raised by the parties.
Q15: Other than the requirement that the parties confer in good faith to narrow the issues before filing any discovery motion under Local Rule 37.1(A), what, if any, additional requirements do you make of counsel before considering discovery motions?
A15: The Court emphasizes the importance of complying with Local Rule 37.1(b).
Q16: Typically, do you resolve discovery motions or do you refer them to the magistrate judge?
A16: The Court generally prefers to resolve discovery motions.
Q17: Do you typically hold a hearing on discovery?
A17: Yes.
Q18: Please describe your general practice regarding the resolution of discovery motions.
A18: Typically, the Court will have reviewed the filings in advance and will rule from the bench after hearing from the parties.
Q19: Under what circumstances will you consider emergency motions regarding discovery matters?
A19: The Court considers emergency motions as appropriate, provided the parties have meaningfully conferred and attempted to address the issues themselves.
Q20: Do you have any particular practices or requirements about expert disclosures?
A20: No.
Q21: What, if any, expert discovery deadlines do you set at the initial scheduling conference? When do you typically set a schedule for the filing of Daubert motions?
A21: The Court will set initial disclosure and depositions dates. Daubert motion hearings will be scheduled upon filing of the motion.
Q22: If the case involves a pro se litigant, do you typically have any different practices in regard to scheduling conferences, status conferences or discovery matters?
A22: No.
Civil - Dispositive Motions
Q23: Other than the presumptive pages limits for memoranda under Rule 7.1(b), do you have any other requirements or preferences about the filing of dispositive motions?
A23: No.
Q24: In connection with dispositive motions, do you require the filing of any courtesy copies of exhibits, depositions and/or other materials in addition to the electronic versions that are filed on ECF?
A24: The Court appreciates courtesy copies, particularly for filings with large records, but has no requirements apart from the local rules.
Q25: Do you typically allow reply briefs and/or surreply briefs?
A25: The Court will typically allow motions for leave to file. However, additional briefs are not permitted without leave, except where provided for in the local rules.
Q26: If you allow reply and/or surreply briefs, do you impose a page limit?
A26: Typically, no more than 5 pages.
Q27: Do you typically hold a hearing on motions to dismiss?
A27: The Court evaluates the need for a hearing on motions to dismiss on a case-by-case basis. While the parties may request a hearing, the Court may decide the motion on the papers alone.
Q28: Do you typically hold a hearing on summary judgment motions?
A28: Generally, yes. However, the court may decide on the papers where appropriate.
Q29: If you typically hold hearings on dispositive motions, what, if any, time limits do you impose on counsel for their arguments?
A29: Generally, the Court does not impose time limits.
Q30: Under what, if any, circumstances, would you allow the filing of post-argument briefs?
A30: Post-argument briefs may be requested by the Court or proposed by either party, which proposal the Court will allow if helpful to the decision.
Civil - Patent Cases
Q31: Do you have any standing order and/or any particular practice regarding the management of patent cases? If so, please describe them.
A31: No.
Q32: If applicable, please upload your standing order regarding the management of patent cases.
A32:
Not applicable.
Q33: Do you have particular practice about Markman hearings? If so, please describe them including but not limited to whether you allow tutorial(s).
A33: No.
Criminal Matters
Q34: Do you handle matters regarding discovery in criminal cases?
A34: No.
Q35: Do you have any particular practices as to scheduling in criminal cases? If so, please describe them.
A35: No.
Q36: If a defendant files a motion for release and/or modification of conditions of release after the case has been referred back to the district judge, is it your typical practice to resolve the motion?
A36: It depends on the circumstances.
Q37: Do you typically hold a hearing on motions for review of a detention order?
A37: Yes.
Q38: Do you have any particular practices regarding the filing of suppression motions or hearings on suppression motions?
A38: No.
General Trial Practice - Pretrial Matters
Q39: Do you require the filing of a trial brief?
A39: Yes.
Q40: If you do not require the filing of a trial brief, under what circumstances do you think it would be helpful to the Court?
A40:
Not applicable.
Q41: Do you typically hold an initial pretrial conference in criminal cases? If so, what issues do you want counsel to be able to address at each conference in addition to those addressed under Local Rule 12.3?
A41: Yes, the parties should be prepared to schedule a trial date.
Q42: Do you typically hold an initial pretrial conference in civil cases?
A42: Yes.
Q43: When do you set a deadline for the filing of proposed voir dire, proposed jury instructions and/or special verdict form, witness and exhibits lists, motions in limine? Typically, how far in advance of trial?
A43: Typically, these deadlines are set three weeks before trial at an initial pretrial conference.
Q44: Do you require that proposed voir dire, verdict forms and/or jury instructions be filed in any particular form (i.e., courtesy electronic copy to your deputy clerk in Word or WordPerfect format, etc.)?
A44: Yes, an electronic courtesy copy should be sent to the Courtroom clerk in Word format.
Q45: Do you set a page limit for motions in limine? If so, what is it?
A45: No.
Q46: Do you typically hear motions in limine at the final pretrial conference?
A46: Yes.
Q47: Do you typically resolve motions in limine at the final pretrial conference?
A47: The Court aims to resolve all motions in limine in advance of empanelment.
Q48: Do you typically hear and/or resolve Daubert motions at the final pretrial conference?
A48: The Court aims to resolve all Daubert motions in advance of empanelment.
Q49: Do you require the parties to provide a courtesy copy of trial exhibits to the Court before trial?
A49: Yes.
Q50: If courtesy copies of trial exhibits are required, when do you require them?
A50: One week before the trial date.
Q51: If courtesy copies of trial exhibits are required, what particular form is required?
A51: Exhibits should be submitted in a tabbed binder.
Q52: Do you require trial exhibits to be pre-marked? If so, please describe your practice?
A52: Yes, every exhibit should have a unique number (for example, Exhibit 13). No letters should be used. There should be only "exhibits," not plaintiff's exhibits and defendant's exhibits. Exhibits can be grouped and marked separately using decimals (for example, Exhibit 13 might be a group of photographs, marked separately as 13.1, 13.2, etc.). Exhibit numbers will not change, even if the document is excluded or not offered. Exhibits need not be offered in numerical sequence, and parties need not worry about "gaps" in the sequence.
Criminal - Scheduling Trials
Q53: Typically, when do you set a trial date in criminal cases?
A53: At the initial status hearing, once the case is received from the magistrate.
Q54: Typically, when do you set a trial date in civil cases?
A54: After dispositive motions, if any, are decided.
Q55: What is your typical trial schedule?
A55: 9 AM - 1 PM.
Q56: In civil cases, do you set time limits for counsel for opening statements, the presentation of evidence and/or closing arguments? If so, please describe your practice?
A56: The Court may set time limits as needed to ensure that trial progresses as expected and that counsel is respectful of the jury's time.
Criminal - Jury Selection
Q57: Please describe your jury selection process.
A57: Voir dire will be discussed at the final pretrial conference.
Q58: Under what circumstances, if any, have you or would you consider using a juror questionnaire?
A58: The Court would consider using a questionnaire if requested by the parties, particularly if the case raises sensitive or complicated issues.
Q59: If you would consider the use of a jury questionnaire, when and in what form should it be proposed?
A59: The parties should prepare a joint questionnaire with any points of disagreement noted and file the questionnaire in advance of the final pretrial conference.
Q60: Have you or would you consider allowing attorney voir dire?
A60: Counsel will generally be allowed to ask follow-up questions during individual voir dire.
Q61: In civil trials, typically what number of jurors do you seat?
A61: 12.
Q62: In criminal trials, typically how many alternate jurors do you seat?
A62: 2.
General Trial Practice - Trial Practices
Q63: Do you require counsel to use the podium during openings, examination of witnesses and/or closings?
A63: No.
Q64: How many rounds of examination do you typically allow?
A64: Two, meaning direct, cross, redirect, and recross.
Q65: Under what, if any, circumstances, will you allow a rebuttal case?
A65: This would depend on the facts of the case; any rebuttal, if permitted, would be strictly limited in scope to evidence responding directly to the defense case.
Q66: Do you have any preferences about the use of chalks during openings and closings?
A66: No, provided that counsel has informed opposing counsel.
Q67: Do you have any particular practice in regard to jury charge conferences? If so, please describe it.
A67: The Court will provide a draft charge in advance of trial and ask counsel to make redline changes. Any disagreements will be resolved at a charge conference shortly before closings.
Q68: Do you provide a written copy of your jury charge to the jury?
A68: Yes.
Q69: Will you consider counsel's proposals of a special verdict form? If so, should it be in any particular format?
A69: Yes, with no particular format.
Q70: If you have any preferences or practices about pretrial or trial matters that has not been solicited by the prior questions, please describe them here.
A70:
No response provided.
Q71: If you have any particular practices as to bench trials, please describe them.
A71:
No response provided.
Criminal - Sentencing/Revocation Hearings
Q72: Do you require a sentencing memorandum in every case?
A72: No.
Q73: If you do not require a sentencing memorandum in every case, when would it be helpful to you?
A73: Anytime there will be different sentencing recommendations.
Q74: Under what, if any, circumstances, would you consider an expedited sentencing?
A74: Whenever the parties seek one.
Q75: Do you have any particular practices regarding the presentation of victim impact statements at sentencing?
A75: No.
Q76: Under what, if any circumstances, would you consider the postponement of a sentencing hearing?
A76: For good cause.
Q77: Do you have any particular practices as to revocation matters?
A77: No.
Standing Orders & Miscellaneous Matters
Q78: Please upload any Standing Orders that do not already appear on your website below:
A78:
N/A
Q79: Order #2
A79:
Respondent skipped this question.
Q80: Order #3
A80:
Respondent skipped this question.
Q81: If there is any other guidance about your court practices and preferences that you would like to share with counsel that has not been solicited by any of the prior questions, please provide it here:
A81: The Court intends this guidance to be helpful but welcomes any alternate proposals and/or invitations to clarify.
Post-Pandemic Practices
As of Fall 2022, are there any case events that you routinely conduct via Zoom in civil cases? If so, what are they?
A82: Typically, status conferences in civil cases are held remotely.
As of Fall 2022, are there any case events that you routinely conduct via Zoom in criminal cases? If so, what are they?
A83: No.
As of Fall 2022, if there are case events that you routinely conduct in person that you would consider conducting via Zoom, what are those case events and under what circumstances would you consider changing to remote proceedings?
A84: In some civil cases, motion hearings can be remote if counsel is not local and so requests.
