PRACTICE AND PROCEDURE MANUAL
FOR JUDGES AND MAGISTRATE JUDGES
FOR THE MIDDLE DISTRICT OF TENNESSEE
(Judge William L. Campbell, Jr.)
TABLE OF CONTENTS
I. NAME AND BRIEF BIOGRAPHY ..................................................................................... 4
II. PRELIMINARY GENERAL MATTERS ............................................................................. 4
A. Scheduling............................................................................................................................ 5
B. Correspondence with the Court ........................................................................................... 5
C. Telephone Conferences with the Court................................................................................ 5
D. Telephone Conference with Law Clerks.............................................................................. 5
E. Pro Se Litigants .................................................................................................................... 5
F. Chamber Copies of Filings .................................................................................................. 6
III. PRETRIAL MATTERS FOR CIVIL CASES ....................................................................... 6
A. Case Management Conferences and Orders ........................................................................ 6
B. Agreed Orders, Continuances and Extensions ..................................................................... 6
C. Pretrial Motions ................................................................................................................... 6
1. Referral to Magistrate Judge ............................................................................................ 6
2. Dispositive Motions ......................................................................................................... 6
3. Briefs ................................................................................................................................ 6
4. Oral Argument ................................................................................................................. 7
D. Discovery ............................................................................................................................. 7
1. Interrogatories .................................................................................................................. 7
2. Telephone Depositions..................................................................................................... 7
3. Discovery Disputes .......................................................................................................... 7
4. Motions to Compel/Rule 37 Sanctions ............................................................................ 7
E. Confidentiality Agreements and Protective Orders ............................................................. 7
F. Expert Witnesses .................................................................................................................. 7
G. Settlement Conferences ....................................................................................................... 8
1. Who Presides ................................................................................................................... 8
2. Procedure ......................................................................................................................... 8
H. Pretrial Briefs ....................................................................................................................... 8
I. Pretrial Orders ...................................................................................................................... 8
J. Pretrial Conference .............................................................................................................. 9
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K. Temporary Restraining Orders ............................................................................................ 9
IV. PRETRIAL MATTERS FOR CRIMINAL CASES .............................................................. 9
A. Initial Appearances, Detention Hearings and Preliminary Hearings ................................... 9
B. Discovery and Pretrial Motions ......................................................................................... 10
C. Status Conferences and Pretrial Conferences .................................................................... 10
D. Locating Incarcerated Clients ............................................................................................ 10
E. Service of Subpoenas for Criminal Proceedings ............................................................... 10
F. Requests for Continuances of Trials in Criminal Matters ................................................. 10
G. Guilty Pleas ........................................................................................................................ 11
V. TRIAL PROCEDURES – CIVIL AND CRIMINAL.......................................................... 11
A. Scheduling.......................................................................................................................... 11
B. Out-of-Town Parties, Witnesses or Attorneys ................................................................... 11
C. Motions in Limine.............................................................................................................. 11
D. Voir Dire and Jury Selection.............................................................................................. 12
E. Note-Taking by Jurors ....................................................................................................... 12
F. Opening Statements ........................................................................................................... 12
1. Length ............................................................................................................................ 12
2. Use of Exhibits ............................................................................................................... 12
G. Courtroom Decorum and Witness Examination ................................................................ 13
H. Side Bar Conferences ......................................................................................................... 13
I. Videotaped or Audiotaped Testimony ............................................................................... 13
J. Deposition Reading............................................................................................................ 13
K. Exhibits .............................................................................................................................. 14
L. Witness Lists ...................................................................................................................... 14
M. Courtroom Technology ...................................................................................................... 14
N. Motions for Judgment as a Matter of Law ......................................................................... 14
O. Proposed Jury Instructions and Verdict Forms .................................................................. 14
P. Proposed Findings of Fact and Conclusions of Law ......................................................... 15
Q. Offers of Proof ................................................................................................................... 15
R. Closing Argument .............................................................................................................. 15
S. Jury Deliberation ................................................................................................................ 15
1. Copies of Instructions .................................................................................................... 15
2. Access to Exhibits .......................................................................................................... 15
3. Access to Transcript of Testimony or Videotaped Testimony ...................................... 15
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4. Availability of Counsel .................................................................................................. 15
5. Taking the Verdict and Special Interrogatories ............................................................. 16
6. Polling the Jury .............................................................................................................. 16
7. Interviewing the Jury ..................................................................................................... 16
T. Requests for Attorney's Fees.............................................................................................. 16
VI. SENTENCING IN CRIMINAL CASES ............................................................................. 16
VII. MEDIA COMMUNICATIONS .......................................................................................... 17
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I. NAME AND BRIEF BIOGRAPHY
Judge William L. Campbell, Jr.
Federal Judicial Service:
U.S. District Court, Middle District of Tennessee
Nominated by Donald J. Trump on July 13, 2017, to a seat vacated by Kevin H. Sharp;
Confirmed by the Senate on January 9, 2018, received commission on January 12, 2018, and
entered service on January 18, 2018.
Education:
United States Naval Academy, B.S., 1991
University of Alabama School of Law, J.D., 2001
Professional Career:
Private practice: Maynard Cooper & Gale, 2001 – 2003
Riley Warnock & Jacobson, 2003 – 2011
Frost Brown Todd, 2011 – 2018
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.
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A. Scheduling
Judge Campbell's courtroom deputy can be reached at (615) 736-2778. 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.
When called upon to rule on such matters, Judge Campbell requires an in-person meeting involving
lead counsel before followed by a joint telephone conferences with the Court before 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 Campbell does not permit telephone conferences with his law clerks, though he may, on
rare occasions, have his law clerks initiate contact with counsel about an administrative matter.
E. Pro Se Litigants
Pro se litigants are expected to follow the Local Rules and these guidelines, as are all parties
represented by counsel.
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F. Chamber Copies of Filings
Judge Campbell does not want chamber copies of filings, unless he requests them.
III. PRETRIAL MATTERS FOR CIVIL CASES
A. Case Management Conferences and Orders
Judge Campbell refers some new cases to the magistrate judges for case management purposes
and handles case management in some cases. Scheduling orders or changes thereto are addressed
with the judge conducting case management for the case. After the initial case management
conference, Judge Campbell will set the trial date.
B. Agreed Orders, Continuances and Extensions
Judge Campbell decides motions to continue the trial date. Judge Campbell will consider
extensions of time upon agreement of the parties or for good cause shown. Judge Campbell
expects requests for continuances and extensions to be made in writing. They will be decided on a
case-by-case basis. Absent extraordinary circumstances, motions for extensions will not be
granted if not filed before the deadline that is the subject of the motion.
C. Pretrial Motions
1. Referral to Magistrate Judge
Judge Campbell may refer discovery motions to a magistrate judge in cases for which Judge
Campbell oversees case management, but not dispositive motions. Judge Campbell 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 Campbell believes briefs should be direct and to the point, favoring brevity over wordiness.
Judge Campbell requires that briefs not exceed twenty-five (25) pages without first obtaining court
approval. Replies are governed by Local Rule 7.01.
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4. Oral Argument
Judge Campbell grants requests for oral argument or may order oral argument even in the absence
of a request from a party when it is appropriate or when it would be beneficial to resolving an
issue.
D. Discovery
1. Interrogatories
The number of interrogatories can be discussed at the case management conference or through
written motion and proposed agreed order.
2. Telephone Depositions
Judge Campbell 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 Campbell requires lead counsel for each party
to conduct an in-person meeting to discuss any discovery dispute(s) before raising the dispute(s)
with the Court. For cases in which a magistrate judge is conducting case management, discovery
disputes brought to the Court will be resolved by the magistrate judge.
4. Motions to Compel/Rule 37 Sanctions
Judge Campbell has no applicable comments regarding this section.
E. Confidentiality Agreements and Protective Orders
Judge Campbell considers them on a case-by-case basis, provided that the requested agreement or
order comply with applicable Sixth Circuit authority concerning such agreements and orders.
F. Expert Witnesses
In civil cases and in some criminal cases, Judge Campbell adopts Local Rule 39.01(c)(5)(E) and
requires that expert testimony (other than medical) be reduced to writing and exchanged 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 Campbell will consider requests for departure from this procedure on a case-by-case basis.
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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.
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 judge’s 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 Campbell will
request briefs on particular issues.
I. Pretrial Orders
Judge Campbell issues an order regarding the requirements for a pretrial order and the pretrial
conference. Generally, counsel must submit a joint proposed pretrial order prior to the pretrial
conference. The pretrial order must contain: (1) a recitation that the pleadings are amended to
conform to the pretrial order and that the pretrial order supplants the pleadings; (2) a statement of
the basis for jurisdiction of the Court; (3) a short summary of the plaintiff's theory (no more than
one page); (4) a short summary of the defendant's theory (no more than one page); (5) a statement
of the issues, including a designation of which issues are for the jury and which are for the Court;
(6) a succinct statement of the relief sought; (7) a summary of any anticipated evidentiary disputes;
and (8) an estimate of the anticipated length of trial.
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J. Pretrial Conference
The requirements for pretrial filings are set out in Judge Campbell's standard order setting the
case for trial. He 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.
If a TRO matter is filed other than at the initiation of the case, counsel should advise the judicial
assistant 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 Waiver
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
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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.
C. Status Conferences and Pretrial Conferences
In criminal cases, Judge Campbell schedules a status conference approximately forty-five days
before the scheduled trial date and a pretrial conference approximately one week before the
scheduled trial date.
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 detention facilities. 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
Judge Campbell requires 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.
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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 Campbell 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 hearing. A drafted written petition, plea agreement (if any), and prosecution statement of
elements and penalties must be delivered to chambers before the plea.
V. TRIAL PROCEDURES – CIVIL AND CRIMINAL
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 4:30 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 Campbell 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 Campbell, 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
during 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 Campbell 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. All
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such motions shall comply with Local Rule 7.01(a)(1). Judge Campbell 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 Campbell, 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 the gallery so that all potential jurors 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 before the exercise of peremptory challenges. After the
exercise of all challenges, the remaining 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 shall consult
with opposing counsel in advance and attempt to resolve 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.
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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 court security 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 Campbell
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.
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.
In addition to the general statement above, Judge Campbell 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.
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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.
Pre-marked: Judge Campbell wants exhibits to be pre-marked numerically and placed in binders.
Each party’s set of binders shall be of a different color for ease of reference with witnesses during
examination. Judge Campbell covers this topic in his order setting the case for trial and/or during
the pretrial conference.
Multiple copies of exhibits: Judge Campbell 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 Campbell will allow copies of the exhibits to be given to
each juror after an exhibit has been admitted into evidence, 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.
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
All courtrooms have an evidence presenter with camera, screen/visual aids, connections for trial
presentation technology, and 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 and without delaying trial.
N. Motions for Judgment as a Matter of Law
If a party can anticipate this motion, it should give the Court advance notice no later than the
pretrial conference 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 shall file an agreed set of jury
instructions and email a copy to Judge Campbell’s Courtroom Deputy, 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 the same manner as set forth
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above. 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 a 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.
S. Jury Deliberation
1. Copies of Instructions
One 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, access to deposition testimony during deliberations 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.
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5. Taking the Verdict and Special Interrogatories
The judge will read the verdict form and special interrogatories.
6. Polling the Jury
Judge Campbell will poll the jury in every case.
7. Interviewing the Jury
LR 39.01(g)(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.
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 “Position of the (Government or Defendant) With
Respect to the Presentence Investigation Report” containing only unresolved matters previously
raised with all parties in writing.
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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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