Hon. Richard E. Myers II
Chief United States District Judge
Practice Preferences and Procedures
I. General Preferences and Practices
II. Terms of Court
III. Trial Procedures Generally
IV. Criminal Procedures
V. Civil Procedures
I. GENERAL PREFERENCES AND PRACTICES
A. Filing and Briefing Requirements. The parties shall adhere to the Local Rules as
well as the Electronic Case Filing Administrative Policies and Procedure Manual.
Leave to exceed the prescribed page length must be obtained by motion.
When referring to the record in the briefing on any motion, counsel must specify the
relevant exhibit, page, and line numbers. Where practicable, motions and memoranda
citing exhibits filed previously or contemporaneously with the motion or
memorandum shall include hyperlinks to the exhibits, preferably to the specific page
of the exhibit cited.
If excerpts of a deposition transcript are referenced in memoranda, a party shall file
the entire transcript in its original form (i.e., transcripts reduced in size are
unacceptable).
Before filing a motion, the movant must confer with the opposing party regarding the
relief requested and must note in the motion the movant’s efforts to confer and the
opposing party’s position on the requested relief (i.e., opposed, unopposed, none).
B. Proposed Amended Pleadings. Any motion seeking to amend a pleading shall
include as exhibits both the proposed amended pleading and a red-lined version of
the proposed amended pleading showing changes proposed to be made. The proposed
pleading must be properly signed.
C. Emergency Motions (e.g., TROs and select discovery motions). Attorneys filing
emergency motions should not call chambers unless or until the matter is assigned to
Chief Judge Myers. If Judge Myers is assigned, the deputy clerk (at intake) or civil
case manager should be advised that the matter requires immediate attention. Except
in admiralty matters, Judge Myers generally asks counsel initiating an emergency
action to communicate with opposing counsel in an attempt to agree on temporary
injunctive action pending a hearing on the motion for preliminary injunction.
Effective 7/10/2024
Judge Myers' Preference & Practice Procedures 2
D. Proposed Documents. Parties shall file proposed orders, jury instructions, and
findings of fact and conclusions of law in PDF format through the CM/ECF system.
For ease of use, PDF documents created through methods other than scanning are
encouraged. (See Electronic Case Filing User's Manual for further information on
creating PDF documents.) Any motion requesting relief (except dispositive motions
and, in criminal cases, motions to continue, seal, and withdraw) shall be accompanied
at the time of filing with a proposed form of order, stating its requested relief. Along
with submitting proposed orders in PDF format through the CM/ECF system, counsel
shall submit proposed orders electronically in Word format to:
[email protected] (this email address is receipt only).
F. Decorum. Counsel’s demeanor should be one of courtesy and professionalism.
Counsel should never act or speak disrespectfully to the court or opposing counsel in
any manner. The court expects punctuality by all persons involved in a courtroom
proceeding. Chief Judge Myers is zealously protective of the integrity of the federal
court and the legal profession. Counsel are cautioned that gamesmanship,
sandbagging, name-calling, or any other type of behavior unbecoming a member of
the bar of this court will not be tolerated.
II. TERMS OF COURT
A. Monthly Terms. Subject to change, the court’s term calendar is published on the
public website, www.nced.uscourts.gov.
B. Criminal Trials Preempt. Criminal trials always preempt civil trials due to
statutory and constitutional speedy trial requirements.
C. Start Time. Ordinarily, all civil and criminal hearings start at 10:00 a.m. Jury
selections in criminal and civil trials start at 10:00 a.m. Thereafter, court resumes
at 9:30 a.m. each day until the conclusion of the trial.
D. Calendar Changes. All requests for calendar changes must be made by motion
for the court’s consideration stating the opposing party’s position. The court will
not entertain calendar changes made via email to chambers or the Clerk’s office.
III. TRIAL PROCEDURES GENERALLY
A. Jury Selection. All juries to sit during a term are selected on the same day. The
court utilizes the Arizona struck jury process to empanel the jury. Jurors may take
notes at trial.
Effective 7/19/2024
Judge Myers' Preference & Practice Procedures 3
B. Opening Statements. Counsel may not make arguments in their opening
statements, and the court will stop an attorney who begins to argue during opening.
C. Closing Arguments. Counsel will be permitted to choose the length of time for
closing arguments, and both sides will be afforded the same amount of time. For
the party with the burden of proof, rebuttal argument shall not exceed the length of
closing argument. The court will hold a charge conference and will orally instruct
the jury in advance of closing arguments. The jury will receive a written copy of
the judge’s instructions.
D. Position in the Courtroom. If a party desires to step away from counsel table and
into the well to examine a witness or to make an opening statement or closing
argument, the party shall arrange in advance with the case manager or IT staff to
wear a microphone to ensure that the party’s statements are electronically recorded.
E. Trial Exhibits. All exhibits shall be pre-marked pursuant to Local Civil Rule
39.1(b).
The parties must prepare two tabbed notebooks containing trial exhibits for the court
and its staff. Large exhibits must be reduced to 8 1/2" x 11" for preservation in the
record. Original exhibits must be handed to the clerk at time of admission by the
court. See also Judicial Preference Order 20-JP-1-M.
E. Questioning of Witnesses. Counsel must question witnesses from a seated position
at counsel’s table unless it is necessary for counsel to discuss an exhibit with the
witness at the witness stand.
The court will not permit a witness to hedge and dodge a question, and will
instruct the witness to answer counsel’s questions. Also, the court will not permit
counsel to argue with a witness.
F. Courtroom Technology. Counsel must adhere to the requirements set forth in
Local Civil Rules 16.1(3) and 39.1(c). Counsel may bring laptops or tablet
computers into the courtroom, but any such equipment shall not be used for
recording or transmitting. Counsel shall adhere to Standing Order 05-PLR-7. For
further technology requirements, visit the District Court’s website.
G. The attention of counsel is directed to Local Civil Rules 45.1, 48.1 and 54.2. All
counsel are reminded to review Local Civil Rules 39.1-39.4. In all cases, in
addition to filing, counsel shall submit electronically any documents required by
Local Civil Rules 39.1, 51.1, and 52.1 to:
[email protected] (this email address is receipt only).
Effective 7/19/2024
Judge Myers' Preference & Practice Procedures 4
IV. CRIMINAL PROCEDURES
A. Motions to Continue. Motions to continue, either by attorneys or the United
States Probation Office, must be filed at least three (3) business days prior to the
first day of the term of court in which the proceeding is scheduled, absent exigent
circumstances. If such motion is not filed by the deadline and does not establish
exigent circumstances, the court will hear the motion in person at the scheduled
hearing.
Motions to continue court proceedings other than sentencing hearings must be
consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161(h),
and must explain in reasonable detail why the ends of justice served by granting
the requested continuance outweigh the best interest of the public and the defendant
in a speedy trial.
B. Motions in Limine. Motions in limine must be filed at least ten (10) business
days prior to the pretrial conference, absent exigent circumstances. Responses must
be filed at least five (5) business days prior to the pretrial conference.
C. Miscellaneous Non-Emergency Motions. Any motion of a non-emergency
nature not filed at least five (5) business days prior to the first day of the term of
court in which the proceeding is scheduled must be received in the Clerk’s Office
by 4:00 p.m. on the date filed, and will be heard in open court, at which time all
parties and counsel must be present.
D. Arraignment Hearings. Copies of proposed plea agreements must be submitted to
the court at least five (5) business days prior to the first day of the term of court in
which the arraignment is scheduled. Submissions shall be made to my criminal case
manager at
[email protected].
Prior to any arraignment, counsel shall confirm the Government’s penalty sheet
correctly advises as to the following: (1) the maximum and minimum terms of
imprisonment; (2) the statutory terms of supervised release, (3) the maximum fine;
and (4) the term of imprisonment upon revocation of supervised release. The
penalty sheet must be consistent with the Memorandum of Plea Agreement, where
applicable.
If a Criminal Information is the subject of a Memorandum of Plea Agreement,
counsel shall confirm that the Memorandum nowhere refers to the charging
document as an “Indictment” or “Superseding Indictment.”
If a defendant is pleading guilty to more than one charge, counsel shall confirm that
the Memorandum of Plea Agreement, if any, includes an accurate statement of
the cumulative total minimum and maximum penalties, including fines and
restitution, to which the guilty plea exposes his or her client.
All defendants scheduled for an arraignment hearing during a court term must be
present in the courtroom no later than 10:00 a.m. to hear the court’s advice of rights.
Any defendant out on bond who arrives late will be taken into custody.
Effective 7/19/2024
Judge Myers' Preference & Practice Procedures 5
E. Sentencing Hearings. Relevant motions (e.g., motions for departure or variance),
sentencing memoranda, and character letters shall be filed no later than 4:00 p.m.
at least five (5) business days prior to the first day of the term of court in which the
proceeding is scheduled.
If a sentencing hearing will include live testimony, counsel shall notify the Clerk at
least two (2) business days before the first day of the term of court in which the
proceeding is scheduled and advise as to the anticipated length of said testimony.
Character letters shall be attached to a memorandum and filed on the case docket
under the event “Criminal Letters – Chief Judge Myers” at least five (5) business
days prior to the first day of the term of court in which the sentencing hearing is
scheduled. Such memorandum may or may not include argument for variance or
departure; if no argument is included, the memorandum shall state only that
character letters are attached.
F. Revocation of Supervised Release Hearings. Five (5) business days before the
first day of the term of court in which the proceeding is scheduled, defense counsel
must file a notice providing the following information: (1) whether any violations
supporting the USPO’s motion remain pending; (2) whether the defendant intends
to plead no contest to any violations; and (3) any other pending issues (e.g., housing
concerns).
G. Trials. The United States Attorney must advise of any anticipated trials and the
expected length of each trial at least ten (10) business days before the first day of
the term of court in which the proceeding is scheduled.
Proposed jury instructions and verdict forms must be filed no later than 4:00
p.m. five (5) business days prior to the pretrial conference. Proposed instructions
must include a citation reference to each proposed instruction.
The court conducts voir dire. In addition to the court’s standard questions, the parties
are invited to suggest other questions which may be pertinent in light of the
circumstances of the case. The parties shall file proposed voir dire, if any, no
later than 4:00 p.m. five (5) business days prior to the pretrial conference.
Effective 7/19/2024
Judge Myers' Preference & Practice Procedures 6
V. CIVIL PROCEDURES
A. Referral to USMJ. Most pretrial matters are referred to the assigned magistrate
judge until the calendar is published, except in complex litigation.
B. Consent to USMJ Jurisdiction. Civil litigants may consent to Magistrate Judge
jurisdiction, including a trial on a date certain.
C. Requests for Extensions of Time. When a pretrial conference and trial date have
been scheduled in a case, any party seeking an extension of the discovery cutoff
and/or dispositive motions deadline must also include a request for continuance of
the pretrial conference and trial dates commensurate with the requested extension.
D. Courtesy Copies. Counsel shall provide a courtesy copy of all filings containing
one hundred (100) or more pages, including all attachments and/or exhibits. All
courtesy copies should be mailed or delivered to the attention of the Clerk, U.S.
District Court, Eastern District of North Carolina, 2 Princess Street, Wilmington, NC
28401. The courtesy copies shall be submitted and tabbed by docket entry and
exhibit number in a three-ring binder. The courtesy copy shall include the CM/ECF
file stamp.
E. Motion Hearings. Hearings on civil motions are rare. The parties shall set forth
their arguments and the authority therefor in the memoranda submitted in support of,
and in opposition to, dispositive motions.
F. Opinion Witnesses. Material regarding expert witnesses—called “opinion
witnesses” by the court—including curricula vitae, reports, depositions, and
objections to qualifications, must be submitted to chambers in accordance with the
trial scheduling order so that the court may conduct its gatekeeping function.
G. Pretrial Conference. The conference usually precedes trial by approximately two
weeks. The court will not automatically continue the pretrial conference if dispositive
motions remain pending.
H. Pretrial Hearing. The court generally conducts a hearing near the date of trial in
order to rule on objections identified in the Pretrial Order to the extent possible. At
trial, all exhibits will be deemed admitted except those upon which ruling has been
reserved.
I. Proposed Voir Dire. The court conducts voir dire. In addition to the court’s
standard questions, the parties are invited to suggest other questions that may be
pertinent in light of the circumstances of the case. The parties are directed to pay close
attention to the deadline set in their case for submission of additional voir dire.
Effective 7/19/2024
