PRACTICE AND PROCEDURE MANUAL
FOR JUDGES AND MAGISTRATE JUDGES
FOR THE MIDDLE DISTRICT OF TENNESSEE
(Judge Aleta A. Trauger)
I. NAME AND BRIEF BIOGRAPHY ...................................................................................1
II. PRELIMINARY GENERAL MATTERS...........................................................................1
A. Scheduling .......................................................................................................................... 2
B. Correspondence with the Court .......................................................................................... 2
C. Telephone Conference with the Court ................................................................................ 2
D. Telephone Conference with Law Clerks............................................................................. 2
E. Pro Se Litigants................................................................................................................... 3
F. Chamber Copies of Filings ................................................................................................. 3
III. PRETRIAL MATTERS FOR CIVIL CASES ................................................................................ 3
A. Case Management Conferences and Orders ....................................................................... 3
B. Agreed Orders, Continuances and Extensions.................................................................... 3
C. Pretrial Motions .................................................................................................................. 3
1. Referral to Magistrate Judge.................................................................................. 3
2 Dispositive Motions............................................................................................... 3
3. Briefs...................................................................................................................... 3
4. Oral Argument ....................................................................................................... 4
D. Discovery ............................................................................................................................ 4
1. Interrogatories........................................................................................................ 4
2. Telephone Depositions .......................................................................................... 4
3. Discovery Disputes ................................................................................................ 4
4. Motions to Compel/Rule 37 Sanctions .................................................................. 4
E. Confidentiality Agreements and Protective Orders ............................................................ 4
F. Expert Witnesses................................................................................................................. 4
G. Settlement Conferences ...................................................................................................... 4
1. Who Presides ......................................................................................................... 4
2. Procedure ............................................................................................................... 5
H. Pretrial Briefs...................................................................................................................... 5
I. Pretrial Orders..................................................................................................................... 5
J. Pretrial Conference ............................................................................................................. 5
K. Temporary Restraining Orders ........................................................................................... 5
IV. PRETRIAL MATTERS FOR CRIMINAL CASES ....................................................................... 6
A. Initial Appearances, Detention Hearings and Preliminary Hearings .................................. 6
B. Discovery and Pretrial Motions .......................................................................................... 6
C. Status Conferences and Pretrial Conferences ..................................................................... 7
D. Locating Incarcerated Clients ............................................................................................. 7
E. Service of Subpoenas for Criminal Proceedings................................................................. 7
F. Requests for Continuance of Trials in Criminal Matters .................................................... 7
G. Guilty Pleas......................................................................................................................... 7
V. TRIAL PROCEDURES .................................................................................................................. 8
A. Scheduling .......................................................................................................................... 8
B. Out-of-Town Parties, Witnesses or Attorneys .................................................................... 8
C. Motions in Limine .............................................................................................................. 8
D. Voir Dire and Jury Selection............................................................................................... 8
E. Note-Taking by Jurors ........................................................................................................ 9
F. Opening Statements ............................................................................................................ 9
1. Length .................................................................................................................... 9
2. Use of Exhibits ...................................................................................................... 9
G. Courtroom Decorum and Witness Examination ................................................................. 9
H. Side Bar Conferences........................................................................................................ 10
I. Videotaped or Audiotaped Testimony .............................................................................. 10
J. Deposition Reading........................................................................................................... 10
K. Exhibits ............................................................................................................................. 10
L. Witness Lists..................................................................................................................... 11
M. Courtroom Technology..................................................................................................... 11
N. Motions for Judgment as a Matter of Law........................................................................ 11
O. Proposed Jury Instructions and Verdict Forms ................................................................. 11
P. Proposed Findings of Fact and Conclusions of Law......................................................... 11
Q. Offers of Proof .................................................................................................................. 11
R. Closing Argument............................................................................................................. 11
S. Jury Deliberation............................................................................................................... 12
1. Copy of Instructions............................................................................................. 12
2. Access to Exhibits................................................................................................ 12
3. Access to Transcript of Testimony or Videotaped Testimony ............................ 12
4. Availability of Counsel........................................................................................ 12
5. Taking the Verdict and Special Interrogatories ................................................... 12
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6. Polling the Jury .................................................................................................... 12
7. Interviewing the Jury ........................................................................................... 12
T. Requests for Attorney’s Fees ............................................................................................ 12
VI. SENTENCING IN CRIMINAL CASES....................................................................................... 12
VII. MEDIA COMMUNICATIONS .................................................................................................... 13
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I. NAME AND BRIEF BIOGRAPHY
Judge Aleta A. Trauger
Federal Judicial Service:
U.S. District Court, Middle District of Tennessee
Nominated by William J. Clinton on September 22, 1998, to a seat vacated by John T. Nixon;
Confirmed by the Senate on October 21, 1998, and received commission on October 22, 1998.
Education:
Cornell College, B.A., 1968
Vanderbilt University, M.A.T., 1972
Vanderbilt University School of Law, J.D., 1976
Professional Career:
Clerk / associate, private practice, Tennessee, 1974-1977
Assistant U.S. attorney, Middle District of Tennessee, 1977-1979, 1980-1982
Assistant U.S. attorney, Northern District of Illinois, 1979-1980
Private practice, 1983-1984
Legal counsel, College of Charleston, 1984-1985
Private practice, 1985-1991
Chief of staff, Office of the Mayor, Nashville, Tennessee, 1991-1992
U.S. Bankruptcy Judge, Middle District of Tennessee, 1993-1998
II. PRELIMINARY GENERAL MATTERS
This Practice and Procedure Manual was compiled by the Federal Court Committee of the
Nashville Bar Association. The Committee expresses thanks to all of the Judges and Magistrate
Judges, and to the Clerk of the Court, for all of the input and guidance they provided in gathering
this information.
In preparing the Manual, efforts were taken to avoid repeating or characterizing rules otherwise
contained in the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, the
Local Rules of Court, the Local Rules Governing Duties of and Proceedings before Magistrate
Judges, or the Administrative Practices and Procedures for Electronic Case Filing. The Manual
does not attempt to be an exhaustive guide for the practice of law. It is intended to provide
information about judicial practices and preferences in this District that are not necessarily
addressed in any set of rules.
To the extent that there is any conflict between this Manual and these other applicable rules,
practices and procedures, the other applicable rules, practices and procedures control. This
Manual is the work of the Nashville Bar Association. It is not an official statement of the
Court. This Manual may not be cited as authority.
Last, at the time the Manual was prepared in 2005, this District had only recently adopted
electronic case filing. It appears that some practices related to electronic case filing are still
developing. Therefore, for some time, it may be prudent to address questions about electronic
case filing to the Judge or Magistrate Judge in a particular case.
A. Scheduling
Judge Trauger's courtroom deputy is at (615) 736-7157. Judge Trauger sets her own calendar,
and there are no standard days or times for any particular matters, except for jury trials in
Nashville which begin on Tuesdays at 9:00 a.m.
B. Correspondence with the Court
Correspondence with the Court is discouraged. Written communication with the Court should be
in the form of pleadings, motions, notices, memoranda, and briefs, as provided for in the Federal
Rules of Civil Procedure and the Local Rules. In the rare instances when correspondence with
the Court is permitted, directed or invited by the Court, a copy of the correspondence shall be
served on opposing counsel, and all such correspondence will be filed with the Clerk of Court
and is a matter of public record, unless otherwise directed by the Court as in the case of
confidential settlement conference statements.
C. Telephone Conferences with the Court
The judges, upon request, generally will attempt to accommodate out-of-town counsel or other
circumstances unique to the case by permitting joint telephone conferences with the Court. The
judges also may entertain telephone conferences regarding discovery disputes that arise during
depositions.
Judge Trauger requires joint telephone conferences with the Court prior to the filing of motions
to compel or other discovery motions. Requests for participation in case management
conferences or other conferences by telephone must be made in advance by written motion and
are granted on a case-by-case basis.
D. Telephone Conference with Law Clerks
Generally, telephone communications by counsel with the Court's law clerks is discouraged, if
not prohibited. The merits of the case should never be discussed with the law clerks. Some of
the judges permit telephone communications with their law clerks to discuss case administration
matters with counsel.
Judge Trauger does not permit telephone conferences with her law clerks, though she may, on
rare occasions, have her law clerks initiate contact with counsel about an administrative matter.
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E. Pro Se Litigants
Pro se litigants are expected to follow the Local Rules and these guidelines, as are all parties
represented by counsel.
F. Chamber Copies of Filings
Judge Trauger does not want chamber copies of filings, unless she requests them.
III. PRETRIAL MATTERS FOR CIVIL CASES
A. Case Management Conferences and Orders
Judge Trauger conducts her own initial case management conferences. Counsel are required to
file three business days prior to the initial case management conference a joint proposed initial
case management order setting out the basic deadlines and including additional standard
provisions set out in the attachment to the order setting the initial case management conference.
Lead counsel for all parties are required to attend the initial case management conference.
With rare exceptions, a firm trial date is set during the initial case management conference and
will not be rescheduled.
B. Agreed Orders, Continuances and Extensions
Judge Trauger will consider extensions upon agreement of the parties or for good cause shown.
Judge Trauger routinely grants agreed extensions of deadlines, except for dispositive motion
deadlines, and she rarely grants continuances of trial dates. Judge Trauger expects requests for
continuances and extensions to be made in writing, and they should reflect the position of
opposing counsel, if possible.
C. Pretrial Motions
1. Referral to Magistrate Judge
Judge Trauger refers most discovery motions to a magistrate judge, but not dispositive motions.
Judge Trauger assigns pro se cases to a magistrate judge for case management.
2. Dispositive Motions
The district judges, with the exception of pro se cases, normally resolve dispositive motions
without reference to a magistrate judge. District judges may refer specific dispositive motions to
a magistrate judge for a Report and Recommendation and will normally refer all dispositive
motions in cases where at least one of the litigants is pro se.
3. Briefs
Judge Trauger requires that briefs not exceed twenty-five (25) pages. Replies are permitted, but
optional, on dispositive motions. Replies on other motions are only permitted if leave is granted.
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4. Oral Argument
Judge Trauger grants oral argument when it is appropriate or when it would be beneficial.
D. Discovery
1. Interrogatories
Judge Trauger allows forty (40) interrogatories, including subparts.
2. Telephone Depositions
Judge Trauger has no applicable comments regarding this section.
3. Discovery Disputes
The judges agree that every effort should be made by the attorneys to resolve discovery disputes
before bringing them to the Court's attention. Judge Trauger requires the parties to participate in
a conference telephone call with the Court prior to filing a motion to compel. For cases in which
a magistrate judge is conducting case management, discovery disputes will be resolved by the
magistrate judge.
4. Motions to Compel/Rule 37 Sanctions
Judge Trauger has no applicable comments regarding this section.
E. Confidentiality Agreements and Protective Orders
Judge Trauger considers them on a case-by-case basis.
F. Expert Witnesses
In civil cases and in some criminal cases, Judge Trauger adopts the option provided for in LR
39.01(c)(6)(c) and requires that expert testimony (other than medical) be reduced to writing
before the trial, which will be read at trial as the expert’s direct testimony. Motions in limine
should be filed if an expert's qualifications are challenged.
Judge Trauger will consider requests for departure from this procedure on a case-by-case basis.
G. Settlement Conferences
1. Who Presides
All judges handle settlement conferences for each other. Most settlement conferences are done
by magistrate judges who are not assigned to the case as case manager, although parties may
request the case manager to preside. The selection of a judge to preside over a settlement
conference is viewed as an appropriate use of forum shopping.
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2. Procedure
The general procedure for settlement conferences in non-jury cases is as follows: The settlement
judge will issue an order setting forth his or her requirements for a judicial settlement
conference. Normally, the parties will be required to provide the settlement judge with a
confidential evaluation of their case and their demands. These confidential statements should be
submitted directly to the settlement judges courtroom deputy and not filed with the Court. They
do not become part of the case file.
This submission should include a description of the case, the amount of the offer, the party's
evaluation of the case, the cost of litigation, and representation that these matters have been
discussed with the client. Any information that is not to be communicated to the other side
needs to be designated as such. All individual parties must be present with full settlement
authority, and all corporate parties must be present with representatives having full settlement
authority unless prior approval is otherwise obtained. The attorneys are requested to give a short
opening statement in the courtroom with everyone present.
The settlement judge then meets with the parties separately, and will meet with the attorneys
individually, out of the presence of their clients. If settlement is reached, it is preferred that a
settlement agreement be executed before the parties leave the courthouse.
H. Pretrial Briefs
In jury cases, pretrial briefs are not routinely required. In some instances, Judge Trauger will
request briefs on particular issues.
I. Pretrial Orders
Unless ordered otherwise, an agreed proposed pretrial order should be jointly prepared by the
parties and submitted to the Court no later than the time of the pretrial conference. Judge
Trauger's requirements as to the contents and time of filing pretrial orders are covered in her
order setting the case for trial.
J. Pretrial Conference
The requirements for pretrial filings are set out in Judge Trauger's standard order setting the case
for trial. She usually rules on motions in limine at the pretrial conference.
K. Temporary Restraining Orders
The clerk will notify the assigned judge when a TRO is being requested at the time the complaint
is filed. The papers should state what efforts have been made to contact the other side.
Hearings, if any, will be scheduled through the courtroom deputy of the district judge to whom
the TRO application is assigned. The assignment of the TRO application and the assignment of
the case are separate matters. The judge who decides the TRO may or may not be the judge who
has been assigned to the case.
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If a TRO matter is filed other than at the initiation of the case, counsel should advise the
secretary of the presiding judge.
Requests for expedited discovery will be considered upon written motions if good cause is
shown.
IV. PRETRIAL MATTERS FOR CRIMINAL CASES
A. Initial Appearances, Detention Hearings and Preliminary Hearings
When a person is arrested on federal charges, the person ordinarily must be taken before a
magistrate judge without unnecessary delay. Prior to this Initial Appearance, a pretrial services
officer will provide the client with a financial affidavit if the defendant is seeking appointment of
counsel, and will also provide a form called Important Notice to Defendant and Explanation of
Rights and Proceedings. At the Initial Appearance, the magistrate judge will review these
documents, the charges, and the statutory maximum penalties with the defendant. Fed. R. Crim.
P. 5 sets forth the requirements for Initial Appearances.
In addition to the Initial Appearance, a magistrate judge will conduct the Arraignments,
Detention Hearings, and Preliminary Hearings when the defendant has been arrested pursuant to
a complaint. See Fed. R. Crim. P. 5.1 (Preliminary Hearings); Fed. R. Crim. P. 10
(Arraignments); 18 U.S.C. ' 3142 (Bail Reform Act).
In felony cases where a defendant has been indicted, the defendant may submit a written
AWaiver of Personal Appearance at Arraignment and Entry of Plea of Not Guilty,@ in lieu of an
in-court arraignment.
In cases involving non-English speaking defendants, the Court will provide an interpreter to
interpret during the court proceedings. If defense counsel requires an interpreter to converse
with the client before the Initial Appearance, counsel should contact the interpreter directly to
arrange the meeting. The name and phone number for the interpreter can be obtained from the
Clerk=s Office at (615) 736-5498.
B. Discovery and Pretrial Motions
In felony cases, the practice in the Middle District is for the district judges to hear all pre-trial
matters, such as admissibility of confessions, suppression of evidence, motions to dismiss, etc.
If a particular matter is referred to a magistrate judge, it will be handled on an expedited basis.
For petty offenses, which do not require consent, and for misdemeanors where consent to
proceed before the magistrate judge has been granted, the magistrate judge will conduct all
pretrial matters.
All judges will schedule suppression hearings when necessary in a particular case. Generally,
the judges will try to schedule suppression hearings well in advance of trial.
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C. Status Conferences and Pretrial Conferences
Judge Trauger schedules a pretrial conference in criminal cases when it is clear that the case will
be tried.
D. Locating Incarcerated Clients
There are no federal detention facilities currently located in the Middle District of Tennessee.
The United States Marshals Service contracts for space with a number of local detention
facilities in Tennessee and Kentucky. If a defendant is detained pending trial, defense counsel
may contact the United States Marshal’s Office at (615) 736-5417 to find out where their client
is located. Defense counsel should then contact the facility directly concerning visitation and
other rules of the particular facility where the client is located.
E. Service of Subpoenas for Criminal Proceedings
If defense counsel has been appointed by the Court, the United States Marshal will serve
subpoenas on behalf of the defendant. Defense counsel must obtain an order from the district
court judge that directs the United States Marshal to serve the subpoenas. This order should be
obtained, and the list of subpoenas should be provided to the United States Marshal, well in
advance of the criminal proceedings where the witnesses shall appear.
F. Requests for Continuances of Trials in Criminal Matters
Most judges require that a Waiver of Speedy Trial Rights, signed by the defendant, be filed
along with a motion to continue a criminal trial.
Counsel should not assume that a trial will be continued automatically upon request of the
parties. Further, each judge has different procedures and deadlines for filing motions to continue
trials.
G. Guilty Pleas
The Court has standard plea petition forms that must be completed and submitted by the
defendant in felony and misdemeanor cases. These form petitions are available on the Court's
website. Even in cases where the defendant has entered a plea agreement with the U.S.
Attorney, the standard plea petition must be submitted as well.
Judge Trauger requests that counsel notify the courtroom deputy by phone or email immediately
upon the determination that a plea will be entered and suggest a time frame for the scheduling of
the plea. A drafted written petition, plea agreement (if any) and prosecution statement of
elements and penalties must be delivered to chambers before the plea.
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V. TRIAL PROCEDURES
A. Scheduling
Jury trials in Nashville usually begin on Tuesdays at 9:00 a.m. and continue until concluded. The
court day generally runs from 9:00 a.m. to 5:00 p.m. with a one-hour lunch break. However,
counsel should be prepared to arrive early or stay late in order to discuss matters outside the
presence of the jury or when the jury wishes to deliberate past normal working hours.
Judge Trauger does not set trailer dockets for civil trials in Nashville and makes every attempt
not to have civil trials interrupted by other court proceedings.
B. Out-of-Town Parties, Witnesses or Attorneys
The judges will attempt to accommodate out-of-town parties, witnesses and attorneys to the
extent possible, although local counsel is expected to be ready to try the case. In attempting to
accommodate out-of-town parties, witnesses and attorneys, the judges take into consideration
potential hardship to other cases and the efficient administration of justice.
For Judge Trauger, any request to accommodate the schedules of out-of-town parties, witnesses
and attorneys should be made by written motion at the earliest available opportunity or discussed
at a pretrial conference.
C. Motions in Limine
All of the judges encourage motions in limine. They alert the judges to evidentiary issues that
will arise at trial and, when appropriate, may help narrow issues for trial. If a motion in limine is
not decided until trial, the non-moving party should be careful to not go into a matter that is the
subject of a motion in limine, whether in opening statements or with a witness, until a ruling has
been made.
Judge Trauger requires that motions in limine be filed and responded to in advance of the pretrial
conference and in compliance with the deadlines set out in the order setting the case for trial.
Judge Trauger makes every effort to decide motions in limine at the pretrial conference.
D. Voir Dire and Jury Selection
All of the judges permit reasonable voir dire by the attorneys after initial questions by the Court.
Counsel will not be permitted to argue their case or get too personal with the jury. Beyond this,
there is some variation among the judges regarding how they handle voir dire as discussed
below.
For Judge Trauger, after general voir dire by the Court, counsel for each party is given an
opportunity to voir dire the prospective jurors. Names are randomly drawn, and an appropriate
number of jurors are seated in the jury box and in chairs in front of the jury box so that all may
be questioned at the same time. Each party exercises its peremptory challenges at the same time
on written forms; therefore, duplicate strikes are a possibility. Challenges for cause are made at
the bench during or at the end of voir dire. After the exercise of all challenges, the remaining
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prospective jurors move "up" to fill the empty chairs in numerical order. In a civil trial, the first
7–10 jurors (depending on the anticipated length of trial) will constitute the jury. Alternate
jurors have been abolished in federal civil trials. Therefore, all jurors remaining when
deliberation begins will retire to the jury room. The jury must be comprised of at least 6
members. In a criminal trial, the first 12 jurors constitute the jury, with an appropriate number of
alternates (usually 2) following in numerical order.
E. Note-Taking by Jurors
All of the judges allow jurors to take notes and to take their notes into the jury room during
deliberation. All of the judges instruct the jury regarding the use of notes.
F. Opening Statements
1. Length
Although the judges may consider a time limit on a case-by-case basis for good cause, there is no
set time limit for opening statement by any of the judges. Also, the judges agree that opening
statements should be direct and not contain arguments of counsel. Subject to the caveat that the
judges all may make case-by-case determinations for good cause, some of the judges have
provided additional guidelines regarding the expected length of opening statements.
2. Use of Exhibits
Counsel who wish to use exhibits or demonstrative evidence in opening statement should consult
with opposing counsel in advance and attempt to work out any objections. Counsel should also
request permission from the judge to use exhibits or demonstrative evidence in opening
statements. As a general rule, exhibits to which no counsel has an objection will be allowed
during opening statement, and contested exhibits will not be allowed without prior Court
approval.
G. Courtroom Decorum and Witness Examination
Attorneys shall stand when speaking, all objections and comments thereon shall be addressed to
the Court. There shall be no oral confrontation between opposing counsel, and neither counsel
nor parties may leave the courtroom without prior approval of the judge.
There is some variation among the judges regarding where counsel should stand in the
courtroom and regarding how documents are passed. Except as noted below, it is generally
expected that counsel will remain behind, or within an arm's length, of the podium, ask
permission to approach a witness, and that the judge's clerk or a courtroom officer will pass
exhibits to the witness. Attorneys should introduce their witnesses with the background
information referred to in LR 39.01(c)(2) and avoid time-consuming questions on that subject.
Attorneys shall make their objections without speeches or coaching the witness. Attorneys
should not repeat or attempt to recharacterize a witness’s answers during an examination.
Judge Trauger does not allow interim commentary by counsel during trial. More than one
attorney may participate in a case, but only one of them may examine a particular witness.
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H. Side Bar Conferences
Side bar conferences are allowed, but requests for them should be kept to a minimum and used
only for matters that can be resolved quickly. One of the reasons to keep side bar conferences to
a minimum is that, due to the size of some of the courtrooms, it is not always possible to prevent
the jury from hearing such conversations.
Judge Trauger adds that, in addition to the general statement above, she prefers that matters that
need to be discussed out of the presence of the jury be raised during recesses.
I. Videotaped or Audiotaped Testimony
Videotaped or audiotaped testimony is allowed. Attorneys should edit the tape to remove
irrelevant and objectionable material. Opposing counsel should be allowed to view the tape
before it is presented. The use of videotaped testimony should be discussed at the pretrial
conference so appropriate equipment can be made available at the trial.
J. Deposition Reading
Reading a deposition into the record is allowed. Depositions read at trial should be edited so that
only testimony relating to the witness's background, the issues in the case and credibility is read.
It is permissible to have co-counsel or a paralegal read the answers of the witness from the
witness box when a deposition is to be read at trial.
If a transcript is lengthy and it is a non-jury trial, counsel may ask the Court if it would prefer to
just have the transcript submitted rather than read into the record.
K. Exhibits
When introducing an exhibit, counsel should always show it to opposing counsel first and have
an extra copy available for the Court. Copies of each party's exhibit list shall be provided to the
Court, the courtroom deputy, court reporter and opposing counsel on the first day of trial.
Premarked: Judge Trauger wants exhibits to be premarked. Judge Trauger covers this topic in
her order setting the case for trial.
Multiple copies of exhibits: Judge Trauger wants exhibits which are being introduced to be
shown to opposing counsel first and to have an extra copy available for the Court.
Copies of exhibits for each juror: Judge Trauger will allow copies of the exhibits to be given to
each juror, but requests advance notice of the intent to do so.
Stipulation as to admissibility and authenticity: The parties should stipulate as to the
admissibility and authenticity of as many exhibits as possible prior to trial.
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L. Witness Lists
Witness lists should be provided to the Court, the courtroom deputy, the court reporter and
opposing counsel at the beginning of the trial.
M. Courtroom Technology
Use of courtroom evidence presenter with camera and screen/visual aids: All of the courtrooms
have wireless internet connectivity. All judges expect counsel who plan to use courtroom
technology to learn how to use it prior to trial so they can accomplish what is intended without
assistance from the courtroom staff.
N. Motions for Judgment as a Matter of Law
If a party can anticipate this motion, it should give the Court advance notice and file a brief in
support of the motion. Otherwise, it will be heard on oral motion and argument. In many cases
a ruling will be delayed until after a jury verdict.
O. Proposed Jury Instructions and Verdict Forms
Counsel should confer in good faith and agree on a verdict form and as many jury instructions
as possible by the deadline set at the pretrial conference. Counsel are to file an agreed set of
jury instructions, in hard copy and on disk, one instruction per page, with heading at the top. By
the same deadline, each counsel should file additional instructions about which there is not
agreement, with citations to authority, in hard copy and on disk. The standard introductory and
concluding instructions given by the Court in every trial do not need to be submitted by counsel.
P. Proposed Findings of Fact and Conclusions of Law
Proposed findings of fact and conclusions of law are to be submitted by the deadline in the
order setting the case for bench trial.
Q. Offers of Proof
Offers of proof are allowed. Most frequently, they will take place outside the presence of the
jury, usually during a break, at lunch or at the end of the day.
R. Closing Argument
Counsel may not express personal opinions or beliefs (such as statements that begin with "I
believe…"), or make personal references to other lawyers. Counsel may argue any inferences
from the proof that are logical and supported by the evidence. There is no set length for closing
argument.
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S. Jury Deliberation
1. Copies of Instructions
A copy of the jury instructions is sent to the jury room with the jurors when they retire to
consider their verdict.
2. Access to Exhibits
Absent any objections, and subject to Item 3 below, jurors are given access to exhibits admitted
at trial. Exhibits are sent to the jury room at the beginning of deliberation.
3. Access to Transcript of Testimony or Videotaped Testimony
Due to the concern that access tends to give undue emphasis to testimony which is transcribed or
videotaped, this is discouraged and not frequently allowed. However, the judges will make
determinations on a case-by-case basis.
4. Availability of Counsel
Counsel will not be required to remain at the courthouse during jury deliberations, but they must
advise the courtroom deputy of a phone number where they can be reached on short notice.
Counsel must be available to appear in court without unreasonable delay while the jury is
deliberating.
5. Taking the Verdict and Special Interrogatories
The judges will read the verdict form and special interrogatories.
6. Polling the Jury
Judge Trauger will poll the jury in every case.
7. Interviewing the Jury
LR 39.01(f)(2) controls requests for post-verdict interviewing of jurors.
Permission to interview jurors will only be granted in exceptional circumstances.
T. Requests for Attorney's Fees
All requests for attorney’s fees should be made by filing an application in writing supported by
detailed affidavits and time records.
VI. SENTENCING IN CRIMINAL CASES
LCrR 32.01 sets forth the timetable to be followed before a sentencing hearing. The Court will
schedule a sentencing hearing at least 80 days after a finding of guilt by a jury, or after the
submission of a guilty plea by a defendant.
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Shortly after the finding of guilt or submission of guilty plea, a probation officer will contact
defense counsel to arrange a presentence interview with the defendant and counsel.
Both parties are expected to confer with the probation officer during the presentence
investigation process with a view toward resolving any disputed facts or factors.
Fed. R. Crim. P. 32 requires the probation office to disclose the presentence report to the
defendant at least 35 days before sentencing. LCrR 32.01 then requires both parties, within 14
days of receiving the presentence report, to provide written objections concerning the contents of
the presentence report. The objections should be provided both to the probation office and
opposing counsel.
Within seven days of receiving the parties= objections, the probation office must disclose any
changes or unresolved factual disputes or objections that remain in the presentence report.
At least seven days prior to sentencing, the parties shall file with the clerk, and with a copy to
probation and opposing counsel, a pleading entitled APosition of the (Government or Defendant)
With Respect To Sentencing Factors@ containing only unresolved matters previously raised with
all parties in writing.
With consent of the parties or when the interests of justice require, the Court may on a case-by-
case basis modify the requirements set forth in LCrR 32.01 in order to carry out prompt and fair
sentencing.
VII. MEDIA COMMUNICATIONS
The Court speaks through its orders and memorandum opinions.
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