Practice Pointers and Preferences
Magistrate Judge Elsa M. Bullard
July 2025
Contact with Chambers
Neither Magistrate Judge Bullard nor any member of her Chambers will
provide answers to substantive or procedural legal questions. Please refer
to the Federal Rules of Civil Procedure, the Local Rules for the District of
Minnesota, and any applicable statutes and orders in the case.
Calls and emails to Magistrate Judge Bullard’s Chambers are not proper
means for requesting relief from the Court. Requests for relief must be
brought by motion or using Magistrate Judge Bullard’s informal dispute
resolution (“IDR”) process, as described below. Letters to the Court
requesting relief will not be considered except as allowed through the IDR
process.
Neither Magistrate Judge Bullard nor any member of her Chambers will
communicate with members of the media about any matters before the
Court.
Questions about how to file a document on CM/ECF should be directed to
the ECF Help Desk by phone at 866-325-4975 or 612-664-5155 or by email
to
[email protected]. You are also directed to useful
resources at the District’s Electronic Filing Tools.
When calling or emailing Chambers with a question regarding a specific
case, please identify yourself and the party you represent and provide the
case name and number. Parties should copy opposing counsel of record
when emailing Chambers.
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Please provide Chambers paper courtesy copies of submissions—including
motions, memoranda, responses, declarations, affidavits, exhibits,
proposed orders, etc.— when the total filing exceeds 20 pages, with
appropriate tabs if the submissions are voluminous. Copies of certificates
of service and word-count compliance need not be included in a courtesy
copy.
If you have questions about Magistrate Judge Bullard’s Practice Pointers
and Preferences, please contact Chambers by phone at 651-848-1620 or by
email at
[email protected].
Resources for Pro Se Litigants
People who represent themselves without a lawyer’s help are called “pro se
litigants.” Magistrate Judge Bullard expects pro se litigants to be familiar
with and follow the applicable Federal Rules, Local Rules for the District
of Minnesota, and statutes and orders relevant to their case. Pro se
litigants can find free, online access to the Federal Rules of Civil
Procedure and the Local Rules. The Pro Se page on the District’s website
has other useful resources.
Civil Practice
First Pretrial Conference and Rule 26(f) Report
If the Order Setting Pretrial Conference in a case sets the Rule 16
conference for an in-person proceeding, Magistrate Judge Bullard will
consider requests to hold the Rule 16 conference remotely by telephone or
videoconference (Zoom for Government). Requests should be made by
emailing Chambers before the Rule 26(f) report is due, copying all counsel
of record, stating the reason for the request, and indicating whether all
counsel agree to a remote Rule 16 conference.
Please email a courtesy copy of the Rule 26(f) Report in Word format to
Chambers when the Report is filed.
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Motion Practice
The parties must comply with the meet-and-confer requirement before
calling to request a hearing date, filing any motion, or requesting IDR,
except as otherwise specified in Local Rule 7.1(a). This requirement is
intended to lead to a meaningful, good-faith exchange of views, and if
possible, a full or partial resolution of the issue(s) in dispute. To satisfy
Rule 7.1(a), parties must diligently attempt to resolve their dispute(s) in
person or by videoconference or telephone. Solely exchanging emails,
letters, or voice messages is considered insufficient. If the opposing party
is unavailable before the motion or request is made, the moving party
must meet and confer with them as soon as possible thereafter pursuant
to Local Rule 7.1(a)(1)(A).
Once the moving party secures a hearing date, it must promptly serve and
file the notice of hearing informing all parties of the nature of the motion
and the date, time, and location of the hearing. The moving party may
serve and file the motion and remaining motion papers in accordance with
the dates prescribed by Local Rule 7.1, unless a different briefing schedule
is set. A party may not call Chambers to secure or “hold” a hearing date
without that party promptly serving and filing a notice of hearing.
Parties that fully resolve a pending motion should notify Chambers as
soon as possible so that any scheduled hearing can be removed from the
calendar. If the parties partially resolve a pending motion, please notify
Chambers to let the Court know what matters the Court no longer needs
to address. If time permits, notification should be by joint stipulation, as
provided by Local Rule 7.1(a)(2). To withdraw a motion, the moving party
should file a notice formally withdrawing the motion on CM/ECF.
Informal Dispute Resolution (IDR) Process
Magistrate Judge Bullard’s IDR process is available to resolve non-
dispositive disputes. The IDR process can offer prompt resolution of an
issue. Typically, the matter is not briefed, and declarations and sworn
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affidavits are not filed. Consequently, a matter resolved through the IDR
process is not appropriate for appeal to the District Judge or the Eighth
Circuit. Therefore, all parties must agree to use the IDR process. If there
is no agreement to resolve a dispute though IDR, then the dispute must be
presented to the Court through formal motion practice.
If the parties agree to pursue the IDR process, the parties must jointly
contact Chambers to schedule a telephone hearing. Prior to the telephone
hearing, the parties will each submit a short letter setting forth the
issue(s) to be resolved. If not otherwise specified by the Court, the letter
submissions shall be no more than three pages in length and shall be
served and emailed to Chambers at least two business days before the
telephone hearing. Parties need Court permission to include exhibits that
extend the length of the letter beyond three pages.
Unopposed Motions and Stipulations
Whenever a party seeks relief from the Court, that party should file a
motion, as opposed to a stipulation. If the parties agree regarding the
requested relief, the party requesting relief may bring an unopposed
motion. If both parties seek the relief, the parties may bring a joint
motion. The filing party must file: (1) the motion, including a statement
regarding the opposing party’s non-opposition or joinder; (2) a proposed
order; and (3) supporting affidavits or exhibits, if any. The filing party
does not need to contact Chambers for a hearing date or file a notice of
hearing, unless a hearing is requested. The parties do not need to file a
memorandum or separate meet-and-confer statement. The Court may, at
its discretion, schedule a hearing on any such motion upon reviewing the
moving party’s submissions.
Hearings
Scheduling Hearings
Unless a motion is unopposed, the moving party must contact Magistrate
Judge Bullard’s Chambers via phone at 651-848-1620 or email at
[email protected] to schedule a motions hearing. A
hearing date must be requested before the motion is filed, even if
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the parties agree that no hearing is necessary. Before calling
Chambers for a hearing date, the moving party should alert all other
parties of the intent to do so. The parties should inform Chambers of all
other pending or anticipated motions so the motions can be heard at the
same time. If the parties agree that a hearing is not necessary, the moving
party must contact Chambers to get a date for submission of the matter to
the Court and should include a statement to that effect in the Notice of
Hearing. Magistrate Judge Bullard will determine whether to hold a
hearing at her discretion.
Before scheduling a motions hearing date, the Court may, at its discretion,
require the parties to participate in an informal conference in Chambers
or via video teleconference to discuss the dispute and determine whether
the issues can be resolved or narrowed without motion practice.
If a hearing date or time must be rescheduled, it is helpful and efficient to
have counsel for all parties on the line at the same time or copied on the
requesting email.
Magistrate Judge Bullard will consider requests to hear oral argument
telephonically or by Zoom for Government rather than in person. Counsel
should meet and confer regarding a request for a remote hearing.
Requests should be made by emailing Chambers, copying all counsel of
record, and should state the reason for the request and whether all
counsel agree to a remote hearing.
Hearings Generally
Magistrate Judge Bullard encourages litigants to seek opportunities for
newer lawyers to participate and argue, particularly with respect to
motions that the newer lawyer significantly prepared. Magistrate Judge
Bullard will make no inferences about the importance a party places on a
particular issue from the experience level of the lawyer chosen to argue
that issue.
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At any hearing, Counsel should refer to the record using citations to the
CM/ECF docket (e.g., Dkt. No. 22-13 rather than “Exhibit M”).
In-Person Hearings
If you intend to use paper copies of cases or other documents at a hearing,
bring sufficient copies for the Court, the law clerk, and opposing counsel.
The copies should reference the case name and case number.
If you intend to use visual aids at an in-person hearing, such as
PowerPoint or other presentation graphics, bring sufficient copies for the
Court, the law clerk, and opposing counsel. The copies should reference
the case name and case number.
Please become familiar with any courtroom technology you intend to use
ahead of time. You may coordinate a time to train on and test your
technology in advance of the hearing by contacting Chambers at 651-848-
1620 or
[email protected]. Magistrate Judge Bullard
and her staff are not responsible for the courtroom technology’s
functioning, so have a back-up plan if the technology is not available.
Remote Hearings
Magistrate Judge Bullard will use Zoom for Government audio-only or
video for remote hearings. Chambers staff will provide the necessary call-
in information to counsel via entry on CM/ECF or email.
Counsel are responsible for ensuring that they and any participants
affiliated with them have tested the technology and understand how to use
Zoom for Government. If Magistrate Judge Bullard decides to hear
argument by Zoom for Government, counsel must review the District’s
instructions for participating in a Zoom for Government proceeding.
If counsel anticipate using a presentation, exhibits, or demonstratives
during a hearing by Zoom for Government video hearing, they should
inform Chambers by email before the hearing, copying all counsel of
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record. This will allow the Court to make appropriate changes to the Zoom
settings.
Counsel are expected to conduct themselves during a remote video hearing
in the same manner as in the courtroom. This includes wearing
appropriate courtroom attire and maintaining courtroom decorum
throughout the remote proceeding.
Settlement Conferences
Magistrate Judge Bullard will hold settlement conferences in-person,
usually preferable, and remotely. Counsel should meet and confer
regarding a request for a remote settlement conference. Requests should
be made by emailing
[email protected], copying all
counsel of record, and should state the reason for the request and whether
all counsel agree to a remote settlement conference. Magistrate Judge
Bullard will determine if the settlement conference is appropriate for
resolution by Zoom for Government based on various factors, including the
complexity of the case, the burden that appearing in person would impose
on the parties, the amount in controversy, the parties’ settlement
positions, and the progress the parties have made towards settlement as of
the date of the request. If a settlement conference will be held by Zoom for
Government, counsel must review the District’s instructions for
participating in a Zoom for Government proceeding and comply with
relevant practice pointers for remote hearings, above.
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