Judge Jessica D. Hedges
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Judges
Hedges, Jessica D.
Federal Judicial Service
Magistrate Judge, U.S. District Court, District of Massachusetts.
First appointed to the Court August 1, 2024.
Education
Boston College, B.A., 1994
Northeastern University School of Law, J.D., 1999
Courthouse
Boston Courthouse
John Joseph Moakley U.S. Courthouse
1 Courthouse Way, Suite 2300
Boston, Massachusetts 02210
Courtroom
15, 5
th
floor
John J. Moakley Federal
Courthouse - Boston, MA
Courtroom Technology
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our
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more information on the technology that is available.
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Judge.
Click here
for more information.
Internships
Law students interested in internships in Judge Hedges’ chambers should email a cover letter, resume, law school transcript, and legal writing sample to chambers at
[email protected]
. Applicants should have at least one semester of law school grades before applying. If applicants submit an application and grades for a term later become available, applicants should update their application with a new transcript. Candidates of all backgrounds, including those with diverse life experiences, are encouraged to apply. Full-time interns are preferred, though applicants may apply for part-time positions during the fall and spring semesters. All fall and spring semester interns are expected to work at least 24 hours per week, preferably as three 8-hour days. Internships are in-person. Judge Hedges generally accepts internship applications during the following periods:
Fall Internships: March 1 – April 15
Spring Internships: September 15 – October 20
Summer Internships: December 15 – January 20
Applications will be considered on a rolling basis.
Staff
Standing
Orders
Judicial Forum
Survey
Staff
Chambers Procedures/Standing Orders/Sample Orders
Standing
Order Regarding Motion Practice
Sample Scheduling Order
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: Parties should address the topics listed in my
Sample Scheduling Order
.
Q2: If you have a specific
scheduling order, please attach your order.
A2: See my
Standing Order Regarding Motion Practice
and
Sample 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: I inquire generally whether the parties have discussed possible settlement. I also inquire whether the parties are interested in referral to the Court's mediation program.
Q5: What, if any inquiries do
you make about the liklihood of trial at
the
initial scheduling conference?
A5: I don't typically ask about the likelihood of trial at the initial scheduling conference.
Q6: What schedule do you set at
the initial scheduling conference?
A6: Typically, I issue a scheduling order addressing fact and expert discovery, dispositive motions, and the date of the next status conference. Prior to the scheduling conference, the parties are directed to consult and submit an agreed-upon pretrial schedule no later than 7 days before the scheduling conference.
Q7: After the initial
scheduling conference, do you hold status
conferences?
A7: Yes.
Q8: If so, when do you hold
status conferences?
A8: I schedule a status conference near the close of fact discovery and may also schedule a conference during the discovery period to ensure the case is progressing. If the parties think that a status conference may be helpful, I will consider requests to hold a status conference at other times.
Q9: If so, what issues do you
address at status conferences?
A9: I typically address any outstanding fact discovery to be completed; the parties' plans for expert discovery; whether the parties anticipate filing dispositive motions; and whether the parties would like a referral to the Court's mediation program. If the parties do not anticipate filing dispositive motions and do not seek to mediate, I may set a trial date.
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: I ask that counsel alert me to anything unusual about the discovery in their case.
Q11: What, if any, issues
related to electronically stored information
should counsel be prepared to address at the initial
scheduling conference?
A11: I expect counsel to consult about any such issues and raise them to the Court as needed.
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: I encourage counsel to file a proposed protective order at the earliest possible time.
Q13: Under what circumstances
would you consider a bifurcation of
discovery
?
A13: I address this issue 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: I generally inquire about the scope of discovery in the case.
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: Further details regarding my expectations as to discovery motions are set out in my
Standing Order Regarding Motion Practice
.
Q16: Do you typically hold
hearing on discovery?
A16: I evaluate whether a discovery motion would benefit from a hearing on a case-by-case basis.
Q17: Please describe your
general practice regarding the resolution of
disovery motions.
A17: Details regarding my expectations as to discovery motions are set out in my
Standing Order Regarding Motion Practice
.
Q18: Under what circumstances
will you consider emergency motions
regarding
discovery matters?
A18: I will hear them when necessary but strongly encourage the parties to work the issues out and raise them to the Court only as needed. Also, before filing discovery motions, parties should consult my
Standing Order Regarding Motion Practice
.
Q19: Do you have any particular
practices or requirements about expert
disclosures?
A19: No.
Q20: 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?
A20: I typically set deadlines for expert disclosures and depositions at the initial scheduling conference. I may address the possibility of Daubert motions at a status conference at the close of discovery or at a later status conference, unless the parties raise it earlier.
Q21: 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?
A21: I do not typically have any different practices in cases involving pro se litigants. I do advise pro se litigants about the Boston College Federal Pro Se Legal Assistance Clinic. This program provides free limited legal assistance to nonincarcerated individuals who are representing themselves or planning to represent themselves in civil lawsuits in the U.S. District Court for the District of Massachusetts (Boston, Springfield, and Worcester). The Boston College Program is not part of, nor run by, the United States District Court. Information given to Program staff is confidential. Further information about the clinic is available
here
.
Civil - Dispositive Motions
Q22: 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?
A22: My requirements and preferences regarding the filing of dispositive motions are explained in my
Standing Order Regarding Motion Practice
.
Q23: 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?
A23: No. If, in a particular case, I would like the parties to provide courtesy copies, my Courtroom Deputy will contact the parties and make this request.
Q24: Do you typically allow
reply briefs and/or surreply briefs?
A24: I allow reply briefs for dispositive motions, as explained in my
Standing Order Regarding Motion Practice
. I do not generally allow sur-reply briefs.
Q25: If you allow reply and/or
surreply briefs, do you impose a page
limit?
A25: Reply briefs are limited to 5 pages. Sur-reply briefs are generally not allowed.
Q26: Do you typically hold a
hearing on motions to dismiss?
A26: I evaluate the need for a hearing on motions to dismiss on a case-by-case basis.
Q27: Do you typically hold a
hearing on summary judgment motions?
A27: Yes.
Q28: If you typically hold
hearings on dispositive motions, what, if
any,
time limits do you impose on counsel for their arguments?
A28: I typically do not impose time limits but may do so in some cases.
Q29: Under what, if any,
circumstances, would you allow the filing of
post-argument briefs?
A29: I may allow the filing of post-argument briefs where, for example, I have a question for the parties that they have not yet addressed, or where a change in the law or facts has occurred since the filing of the original briefs.
Civil - Patent Cases
Q30: Do you have any standing
order and/or any particular practice
regarding
the management of patent cases? If so, please describe them.
A30: No.
Q31: If applicable, please
upload your standing order regarding the
management of patent cases.
A31: I do not have a standing order regarding patent cases.
Q32: Do you have particular
practice about Markman hearings? If so,
please
describe them including but not limited to whether you allow
tutorial(s).
A32: No.
Civil Mediation
Q33: If you have any particular
practices or preferences in regard to
submissions before a mediation, please describe them.
A33: See order below.
Q34: Do you have a standard
pre-mediation order for the parties? If so,
please attach it here.
A34:
ELECTRONIC NOTICE OF HEARING:
Alternative Dispute Resolution Hearing set for [XXXX] in Courtroom 15 (In person only) before Magistrate Judge Jessica D. Hedges.
In the event this date poses a serious conflict, or any party believes that the case is not ripe for mediation, the parties shall confer and file on CM/ECF a motion to cancel the mediation or to reschedule the mediation, as appropriate. The parties shall also contact the courtroom deputy via email. In the case of motions to reschedule the mediation, the parties should include therein several proposed dates for which all counsel and principals are available.
Counsel and principals shall attend the mediation in person, and they shall have full settlement authority.
Preliminary Settlement Conference set for [XXXX] in Courtroom 15 (Remote only) before Magistrate Judge Jessica D. Hedges.
Counsel, but not principals, are required to attend the Preliminary Conference. The Preliminary Conference will be conducted by video. The clerk will provide the relevant information for this conference to all parties at the email registered in CM/ECF, prior to the upcoming conference.
Each party must submit a brief (no more than 5 pages) mediation memorandum that includes a discussion of (1) the merits of the case (both strengths and weaknesses); (2) the damages or other relief sought by the parties, with a specific breakdown of the grounds for the requested relief; (3) the status of discovery; and (4) the status of the parties' settlement discussions. The memoranda shall be submitted BY E-MAIL to (
[email protected]) no later than five (5) days prior to the Preliminary Settlement Conference and marked "Confidential - Not for Docketing."
It shall be understood (a) that all parties and counsel will participate in this court-sponsored mediation in good faith and with the interest of settling the matter on mutually acceptable terms, (b) that the entire mediation process, including all communications during any in-person, video or audio part thereof, is confidential, (c) that all statements made during the course of mediation are privileged settlement discussions, made without prejudice to any party's legal position, and inadmissible for any purpose in any legal proceeding, (d) that no party, participant, or representative shall seek in any proceeding to hereafter compel the mediator to testify and/or produce any document with respect to the mediation, and (e) that all parties, counsel and other participants agree that, by participating in this court-sponsored mediation, they are bound by these conditions and shall keep confidential all communications exchanged during the mediation process.
Q35: If you have any particular
practices or preferences in regard to
conducting a mediation, please describe them here.
A35: None other than those detailed in my pre-mediation order.
Q36: Do you require the
party/parties to be present or available during
a
mediation?
A36: Yes, a party representative with full settlement authority must be present.
Criminal Matters
Q37: Other than the
requirements under Local Rule 116.5, what, if any,
practices do you have in regard to status conferences in
criminal cases?
A37: The Local Rules require the submission of a joint status memorandum seven days before a status conference. Many memoranda, aside from being somewhat bare in terms of the required content, are filed on the eve of the status conference, or not at all. Parties are reminded to confer and submit these memoranda in a timely fashion.
Q38: Typically, at what point,
will you refer a criminal case back to
the
district judge?
A38: I typically refer the case back to the district judge when discovery is complete.
Q39: Do you have any particular
practices as to scheduling in criminal
cases? If so, please describe them.
A39: No.
General Trial Practice - Pretrial Matters
Q40: Do you require the filing
of a trial brief?
A40: Yes. I typically issue an order setting the case for trial, which sets forth the requirements for such a brief.
Q41: If you do not require the
filing of a trial brief, under what
circumstances do you think it would be helpful to the Court?
A.41: I require the filing of a trial brief.
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 set these deadlines after conferring with the parties on a case-by-case basis.
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.)? Describe your practice.
A44: No.
Q45: Do you set a page limit
for motions in limine? If so, what is it?
A45: I decide this on a case-by-case basis.
Q46: Do you typically hear
motions in limine at the final pretrial
conference?
A46: Some are heard at the final pretrial conference; others are resolved at the initial pretrial conference.
Q47: Do you typically resolve
motions in limine at the final pretrial
conference?
A47: Yes, unless there is a good reason to reserve ruling on the motions.
Q48: Do you typically hear
and/or resolve Daubert motions at the final
pretrial conference?
A48: I decide this on a case-by-case basis.
Q49: Do you require the parties
to provide a courtesy copy of trial
exhibits
to the Court before trial?
A.49: Yes
Q50: If courtesy copies of
trial exhibits are required, when do you
require
them?
A50: Typically, several weeks before trial.
Q51: If courtesy copies of
trial exhibits are required, what particular
form
is required?
A51: I require the courtesy copies to be placed in a binder, and electronically on a flash drive.
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 5). 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 5 might be a group of photographs, marked separately as 5.1, 5.2, etc.). Exhibit numbers will not change, even if the document is excluded or not offered. I do not care if the exhibits are offered in numerical sequence, and I do not care if there are gaps in the sequence.
General Trial Practice - Scheduling Trials
Q53: Typically, when do you set
a trial date in civil cases?
A53: After the filing of the joint pretrial memorandum, in which the parties have estimated the length of the trial.
Q54: What is your typical trial
schedule?
A54: 9:00 a.m. to 1:00 p.m. Typically, either two short breaks at 10:30 and noon, or one at 11:00.
Q55: 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?
A55: Typically no, but I may do so in some instances.
General Trial Practice - Jury Selection
Q56: Please describe your jury
selection process.
A56: My jury selection process will be discussed at the final pre-trial conference.
Q57: Under what circumstances,
if any, have you or would you consider
using
a juror questionnaire?
A57: I may, on a case-by-case basis, depending on whether there is something extraordinary or atypical that would warrant using a juror questionnaire as opposed to conducting the typical voir dire.
Q58: If you would consider the
use of a jury questionnaire, when and in
what
form should it be proposed?
A58: I would allow the parties to submit a joint submission with their proposal, and then after considering argument, develop a form.
Q59: Have you or would you
consider allowing attorney voir dire?
A59: I would consider requests to conduct attorney conducted voir dire on a case-by-case basis.
Q60: In civil trials, typically
what number of jurors do you seat?
A60: 8.
General Trial Practice - Trial Practices
Q61: Do you require counsel to
use the podium during openings,
examination
of witnesses and/or closings?
A61: No.
Q62: How many rounds of
examination do you typically allow?
A62: Direct & Cross, Redirect, Recross.
Q63: Under what, if any,
circumstances, will you allow a rebuttal case?
A63: I would permit a rebuttal case only if counsel could not have reasonably anticipated an issue arising during the defense case.
Q64: Do you have any
preferences about the use of chalks during
openings and
closings?
A64: They may be used and they must be shared with opposing counsel before the day they are used.
Q65: Do you have any particular
practice in regard to jury charge
conferences? If so, please describe it.
A65: I aim to provide a draft of my charge and verdict form to counsel before the conference so that they can respond to the draft and register any objections and propose changes at the conference.
Q66: Do you provide a written
copy of your jury charge to the jury?
A66: Yes.
Q67: Will you consider
counsel's proposals of a special verdict form?
If so,
should it be in any particular format?
A67: Yes, I will consider counsel's proposal. I do not require any particular format.
Q68: 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.
N/A
Q69: If you have any particular
practices as to bench trials, please
describe them.
A69: I will allow counsel to file proposed findings of fact and conclusions of law.
Standing Orders & Miscellaneous Matters
Q70: If your session has any
standing orders, please attach them here.
A70: N/A
Q71: Please upload any Standing Orders that do not already appear on your website: (attach by email, if needed)
A71: N/A
Q72: Additional order: (attach by email, if needed)
A72: N/A
Q73: 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.
A73: N/A
Post-Pandemic Practices
Q74: As of Fall 2022, are
there
any case events that you routinely conduct via Zoom in
civil
cases? If so, what are they?
A74: I typically conduct status conferences via Zoom, as counsel seems to prefer this. However, I will always accommodate requests to do hearings in person.
Q75: As of Fall 2022, are
there
any case events that you routinely conduct via Zoom in
criminal cases? If so, what are they?
A75: I typically conduct status conferences via Zoom, as counsel seems to prefer this. However, I will always accommodate requests to do hearings in person.
Q76: 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 conducting them via
Zoom?
A76: I will entertain requests to do non-evidentiary hearings by zoom on a case-by-case basis.
