Judge Indira Talwani
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Judges
Talwani, Indira
Federal Judicial Service
Judge, U. S. District Court, District of Massachusetts.
Nominated by Barack Obama on September 24, 2013, to a seat vacated by Mark L. Wolf;
Confirmed by the Senate on May 8,
2014, and received commission on May 12, 2014.
Education
Harvard / Radcliffe College, B.A., 1982
University of California, Berkeley, School of Law, J.D., 1988
Courthouse
Boston Courthouse
John Joseph Moakley U.S. Courthouse
1 Courthouse Way, Suite 2300
Boston, Massachusetts 02210
Courtroom
9, 3
rd
floor
John J. Moakley Federal
Courthouse - Boston, MA
Courtroom Technology
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Staff
Standing
Orders
Judicial Forum
Survey
Staff
Chambers Procedures/Standing Orders/Sample Orders
Standing
Order – Notice of Related Cases
Standing
Order – Motion Practice
Standing
Order – Discovery Disputes
Standing
Order – Protective Orders and Motions for Leave to File Under
Seal
Standing Order –
Local Rule 5.4 and Mandatory Electronic Filing
Standing
Order – Requests for Adjournments or Extensions of Time
Standing
Order – Courtroom Opportunities For Young Attorneys
Templates
Template
– Proposed Scheduling Order (Civil)
Template
– Proposed Scheduling Order (Patent)
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.
Counsel must inform the court of any related cases.
Q2: If you have a specific
scheduling order, please attach your order.
A2:
Respondent skipped this question.
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: Yes, I
require the certificate of consulation to be hand signed by the
client.
Q4: What, if any, inquiries do
you make about settlement prospects and/or
interest in mediation at the initial scheduling conference?
A4: I
typically ask if the parties are interested in mediation before
a magistrate judge.
Q5: What, if any inquiries do
you make about the liklihood of trial at the
initial scheduling conference?
A5: None.
Q6: What schedule do you set at
the initial scheduling conference?
A6: I
typically schedule close of fact discovery, expert discovery and
dispositive motion filing dates.
Q7: After the initial scheduling
conference, do you hold status
conferences?
A7: Yes.
Q8: If so, when do you hold
status conferences?
A8: I
typically hold a status conference at the end of fact discovery.
I also typically hold a status conference
after
denying a summary judgment motion.
Q9: If so, what issues do you
address at status conferences?
A9: I
typically ask at each status conference if the parties are
interested in mediation before a magistrate
judge. I
also ask at the status conference following fact discovery if
counsel anticipate filing dispositive motions
and
if they anticipate expert discovery. If counsel anticipate both,
I discuss whether dispositive motions or
expert
discovery should happen first, and may amend the scheduling
order accordingly.
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:
Counsel should be prepared to discuss any anticipated unusual
discovery issues.
Q11: What, if any, issues
related to electronically stored information
should
counsel be prepared to address at the initial scheduling
conference?
A11:
Respondent skipped this question.
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:
Although I do not require a particular format, the orders I
issue include the requirement that any request
to
file documents under seal must be support by good cause other
than the fact that the parties agree as to
confidentiality or that the documents were exchanged pursuant to
the protective order.
Q13: Under what circumstances
would you consider a bifurcation of discovery
?
A13: I
will consider bifurcation of discovery on a case-by-case basis.
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:
Respondent skipped this question.
Q16: Typically, do you resolve
discovery motions or do you refer them to the
magistrate judge?
A16: I
typically resolve them.
Q17: Do you typically hold a
hearing on discovery?
A17:
Respondent skipped this question.
Q18: Please describe your
general practice regarding the resolution of
discovery motions.
A18: My
scheduling order suggests that counsel request a brief
conference in advance of filing a written motion. I
try
to determine at such a conference if there is an expeditious
resolution of the issue and I also try to
ensure
that objections as to part of a request or interrogatory are not
holding up production or answers to
unobjected
portions of the request or interrogator. If discovery motions
are document intensive, I will refer them to
the
magistrate judge.
Q19: Under what circumstances
will you consider emergency motions regarding
discovery matters?
A19: I
review all emergency motions when filed. I typically deny such
motions without prejudice where counsel have
failed to include a 7.1 certificate. If the motion presents an
issue that should be resolved in less than
fourteen days but should not be decided ex parte, I will
typically issue an order requesting a response on a
shortened schedule. If the motion presents an issue that does
not need to be decided in less than fourteen
days,
I will not consider it on an emergency basis.
Q20: Do you have any particular
practices or requirements about expert
disclosures?
A20:
Respondent skipped this question.
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: I
typically set expert discovery deadlines at the initial
scheduling conference, subject to revision at the
status
conference held at the close of fact discovery. I do not have a
typical schedule for the filing of Daubert
motions.
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: At
scheduling conferences involving pro se litigants, I typically
describe the Federal Bar Association's
program
for pro bono counsel for mediations before a magistrate judge.
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:
Respondent skipped this question.
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: Yes,
I require one courtesy copy, with exhibit tabs, for affidavits
and other documents exceeding 20 pages or
evidencing facts submitted pursuant to L.R. 7.1(b) (1) if such
filings in connection with a particular
motion
exceed twenty pages (exclusive of the length).
Q25: Do you typically allow
reply briefs and/or surreply briefs?
A25: Reply
briefs are permitted under Local Rule 56.1 in connection with
summary judgment motions. I typically do not
otherwise allow reply briefs absent good cause.
Q26: If you allow reply and/or
surreply briefs, do you impose a page limit?
A26:
Respondent skipped this question.
Q27: Do you typically hold a
hearing on motions to dismiss?
A27: I
typically hold a hearing before granting a motion to dismiss. I
may or may not hold a hearing before denying
a
motion for summary judgment.
Q28: Do you typically hold a
hearing on summary judgment motions?
A28: Yes
Q29: If you typically hold
hearings on dispositive motions, what, if any,
time limits do you impose on counsel for their arguments?
A29:
Respondent skipped this question.
Q30: Under what, if any,
circumstances, would you allow the filing of
post-argument briefs?
A30: I may
allow the filing of post-argument briefs if I raise an issue at
argument not addressed by the parties in
their
briefing.
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:
Respondent skipped this question
.
Q32: If applicable, please
upload your standing order regarding the
management of patent cases.
A32:
Respondent skipped this question
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:
Respondent skipped this question.
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:
Respondent skipped this question.
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 or refer it back to the
magistrate judge?
A36: I
refer it to the magistrate judge.
Q37: Do you typically hold a
hearing on motions for review of a detention
order?
A37:
Respondent skipped this question.
Q38: Do you have any particular
practices regarding the filing of
suppression
motions or hearings on suppression motions?
A38:
Respondent skipped this question.
General Trial Practice - Pretrial Matters
Q39: Do you require the filing
of a trial brief?
A39: Yes,
in both civil and criminal cases
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:
Respondent skipped this question.
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 117.1(a)?
A41: I
typically hold an initial pretrial conference.
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 are these deadlines?
A43: I
typically set deadlines in a scheduling order issued after any
summary judgment motions are resolved. I will
typically set pretrial disclosures 35 days before trial, motions
in limine 21 days before trial, proposed
voir
dire, jury instructions, and verdict forms 14 days before trial.
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: I
require ecf filing of these proposed documents and a disc
containing modifiable Microsoft Word copies of the
proposed questions, instructions and forms.
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:
Respondent skipped this question.
Q47: Do you typically resolve
motions in limine at the final pretrial
conference?
A47: I try
to resolve motions in limine before the final pretrial
conference.
Q48: Do you typically hear
and/or resolve Daubert motions at the final
pretrial conference?
A48: I do
not have a set practice for Daubert motions.
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:
Respondent skipped this question.
Q51: If courtesy copies of trial
exhibits are required, what particular form
is required?
A51: I
typically request submission of a disc containing a courtesy
copy of all exhibits 35 days before trial. If
trial
exhibits are voluminous, I also request a hard copy, with
exhibit tabs, to be available at trial.
Q52: Do you require trial
exhibits to be pre-marked? If so, please describe
your practice?
A52: Yes,
Trial exhibits should be marked by a single sequence of numbers,
regardless of which party is the proponent
of
an exhibit.
Criminal - Scheduling Trials
Q53: Typically, when do you set
a trial date in criminal cases?
A53:
Unless the trial is anticipated to be unusually long or involve
numerous defendants, I typically set a trial
date at the initial conference held within two weeks of the
Final Report from the magistrate judge.
Q54: Typically, when do you set
a trial date in civil cases?
A54: I
typically set a trial date at the status conference following
resolution of any dispositive motions.
Q55: What is your typical trial
schedule?
A55:
During trial, the jury typically sits from 9:00 a.m. - 1:00
p.m., with a break at 11:00 a.m. Attorneys
should be
available for matters that need to be addressed without the jury
between 8:30 and 9:00 a.m., and after 2:00
p.m.
The jury typically deliberates on a full day schedule, that may
be adjusted based on jury members' commute
preferences.
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: Yes.
I set time limits in advance of the events after discussion with
counsel.
Criminal - Jury Selection
Q57: Please describe your jury
selection process.
A57:
Counsel will receive a list of the jurors’ names and the jurors
will file into the courtroom and sit in the
order that their names appear on the list. The court will then
ask voir dire questions and jurors will raise
their hands if their answer is “yes” to the question. The court
will record which jurors raised their hands
for
each question. The court will call the jurors who raised their
hands to side bar and ask follow up questions
after all questions are asked. Counsel can propose questions for
approval at that time. The court will then
decide whether to excuse for cause. After the court excuses for
cause, the parties may exercise their
preemptory
challenges by writing them on pieces of paper and handing them
to the clerk. Each side has three preemptory
challenges.
Q58: Under what circumstances,
if any, have you or would you consider using
a
juror questionnaire?
A58:
Respondent skipped this question.
Q59: If you would consider the
use of a jury questionnaire, when and in what
form should it be proposed?
A59:
Respondent skipped this question.
Q60: Have you or would you
consider allowing attorney voir dire?
A60: No,
Except as described above.
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:
Respondent skipped this question.
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:
Direct & Cross, Redirect, Recross.
Q65: Under what, if any,
circumstances, will you allow a rebuttal case?
A65:
Respondent skipped this question.
Q66: Do you have any preferences
about the use of chalks during openings and
closings?
A66:
Respondent skipped this question.
Q67: Do you have any particular
practice in regard to jury charge
conferences? If so, please describe it.
A67:
Respondent skipped this question.
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: I
will consider the proposals.
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:
Counsel are required to provide opposing counsel, no later than
the conclusion of the trial day, the names
of
the expected witnesses for the following day and a reasonable
projection of the witness lineup for the day
after
that.
Q71: If you have any particular
practices as to bench trials, please
describe
them.
A71:
Respondent skipped this question
.
Criminal - Sentencing/Revocation Hearings
Q72: Do you require a sentencing
memorandum in every case?
A72: Yes.
Q73: If you do not require a
sentencing memorandum in every case, when would
it be helpful to you?
A73:
Respondent skipped this question.
Q74: Under what, if any,
circumstances, would you consider an expedited
sentencing?
A74:
Respondent skipped this question.
Q75: Do you have any particular
practices regarding the presentation of
victim impact statements at sentencing?
A75:
Respondent skipped this question.
Q76: Under what, if any
circumstances, would you consider the postponement
of
a sentencing hearing?
A76:
Respondent skipped this question.
Q77: Do you have any particular
practices as to revocation matters?
A77:
Respondent skipped this question.
Standing Orders & Miscellaneous Matters
Q78: If your session has any
standing orders, please attach them here.
A78:
Respondent skipped this question.
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:
Respondent skipped this question.
