FACT SHEET
FOR JUDGE XAVIER RODRIGUEZ
CIVIL CASES
Contacting the Court
1. Who should be contacted regarding scheduling matters?
Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011,
[email protected]
2. May the court’s law clerks be contacted directly? If so, under what circumstances?
An attorney may address a procedural question that cannot be answered by the federal
rules of procedure, local rules, or the judge’s scheduling order to the Law Clerk. Please
do not call the judge’s staff to inquire about substantive issues.
All Clerks may be reached by the Chambers number (210) 472-6575.
Cases ending in 2, 4, or 6 are handled by Caroline Bell.
Cases ending in 1, 3, or 5 and cases ending in 0 in which the digit preceding the 0 is an
odd number are handled by Will Kovach.
Cases ending in 7, 8, or 9 and cases ending in 0 in which the digit preceding the 0 is an
even number or 0 are handled by Thomas McAuley.
3. May the court be contacted by e-mail or fax? If so, what is the address or number?
Yes. Email Sylvia Fernandez, Courtroom Deputy,
[email protected].
The Court cannot accept faxes.
4. How does the court prefer attorneys to contact the court in an emergency?
Please call Chambers at (210) 472-6575 or Sylvia Ann Fernandez, Courtroom Deputy,
(210) 472-6550, Ext. 5011,
[email protected]
5. May parties contact the court during depositions?
Yes, but only in circumstances that necessitate the Court’s immediate attention.
6. What procedures should be followed if a party expects to be filing a motion for a temporary
restraining order or other expedited relief?
After the TRO has been filed with the Clerk’s office and the matter has been assigned to
this Court’s chambers, immediately notify the Courtroom Deputy. Use every reasonable
effort to provide notice to the adverse party that the TRO has been filed and provide a
copy of the TRO to the opposing party by electronic (e-mail) delivery. Parties should
comply with Fed. R. Civ. P. 65 and Local Rules.
7. What procedures should be followed to request an expedited hearing in a civil case?
Contact the Law Clerk assigned to the case.
8. Is it permissible to contact the court regarding the status a civil case?
If an attorney wishes to contact the Court regarding a non-substantive matter or to
inform the Court that the case has settled or a pending motion has been resolved, the
attorney should contact the Law Clerk assigned to the case.
All Clerks may be reached by the Chambers number (210) 472-6575.
Cases ending in 2, 4, or 6 are handled by Caroline Bell.
Cases ending in 1, 3, or 5 and cases ending in 0 in which the digit preceding the 0
is an odd number are handled by Will Kovach.
Cases ending in 7, 8, or 9 and cases ending in 0 in which the digit preceding the 0
is an even number or 0 are handled by Thomas McAuley.
9. Should the parties notify the courtroom deputy, the law clerk, or another person if a contested
motion in a civil case has been resolved?
The Law Clerk should be notified at (210) 472-6575 immediately upon resolution of the
pending motion.
General Pretrial Procedures
10. What is the court’s procedure for issuance of scheduling orders in civil cases?
The Court will send the parties an order requiring them to confer and submit a proposed
scheduling order to the Court. Failure to submit a proposed scheduling order will result
in the Court issuing its own order.
11. What is the court’s procedure for requests for modification of scheduling orders?
The court will approve, in most instances, an agreed modification. If it is not agreed to,
the opposing party should file a response to any motion to modify.
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12. Are there matters that the court routinely refers to a magistrate judge in civil cases?
At the time your lawsuit was filed, it was assigned to this district judge and a magistrate
judge. The parties must advise the district clerk of their respective positions concerning
referring the case to a magistrate judge for jury or nonjury trial by consent, pursuant to
28 U.S.C. 636(c). Discovery matters are routinely referred to a Magistrate Judge.
Otherwise, pursuant to Local Rule, Appendix C, various pretrial matters regarding civil
cases filed by prisoners and reviews of administrative agency proceedings (social security
appeals) are assigned to a Magistrate Judge.
Procedures Specific to Civil Cases
13. Does the court require that the parties in civil cases file their initial disclosures?
No. Except in categories of proceedings exempted from initial disclosure under Fed. R.
Civ. P. 26(a)(1)(E), the parties must, as soon as practicable and in any event at least 21
days before a proposed scheduling order is due, confer to consider all matters required
by Rule 26(f). Unless counsel office in differing cities, the parties should conduct a face-
to-face meeting. The parties’ Rule 26(f) written report outlining their proposed
discovery plan should be filed at the same time the parties submit their proposed
scheduling order.
14. What are the court’s procedures for referring civil cases to alternative dispute resolution?
Under what circumstances does the court order mediation, when during the case is it ordered,
and how is the mediator chosen?
At any time the parties believe it may be beneficial to participate in a non-binding
mediation, they may agree to do so. Parties are encouraged to agree upon a mediator.
If the parties cannot agree to a mediator, the Court will appoint a mediator. If the parties
do not jointly agree to mediation, the Court will generally not order mediation, unless
the Court is persuaded that there is a reasonable chance the case can be resolved.
15. Does the court have any specific requirements for removed cases?
The party removing the action from state court should ensure that all documents
previously filed in state court are attached to the removal documents. A copy of the state
court docket sheet should be included. Parties must re-urge any motion that was filed
in state court.
16. Does the court typically have pretrial conferences in civil cases? If so, when during the case?
After a scheduling order is issued, the judge will conduct a preliminary pretrial
conference or intermediate status conferences. A final pretrial conference will usually
be conducted approximately ten (10) days prior to the date that trial is expected to begin.
Motions in limine and objections to exhibits will be heard and ruled upon at that time.
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17. Does the court typically have docket calls in civil cases? If so, when during the case?
No.
18. Does the court have any requirements for pretrial submissions in civil cases in lieu of or in
addition to those in the local rules?
A Final Joint Pretrial Order is required. A listing of items required to be included are
specified in the Scheduling Order.
Facilities and Technology
19. Does the court reporter use Real Time? If so, who should be contacted to obtain rough
transcripts?
Yes. Parties can contact the court reporter, Amber Nino at (210) 472-6550, Ext. 5037.
20. Does the courtroom have Internet access? If so, must arrangements to use the Internet access
be made ahead of time?
Yes, there is internet access, but arrangements must be made ahead of time.
21. Please indicate which of the following are available in the courtroom:
White Erase Board: Yes
Chart stand: No
Document presenter: Yes
Video equipment: See Courtroom Technology Guidance.
22. Is any additional technology available? If so, please describe.
See Courtroom Technology Guidance.
23. What arrangements must be made to use the available equipment?
Courtroom Deputy Sylvia Ann Fernandez should be notified prior to the hearing or trial
as to what equipment is needed.
24. May parties bring their own equipment? If so, are there any restrictions on what equipment
may be brought and who should be contacted to arrange for the delivery of such equipment?
Parties should contact Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext.
5011,
[email protected].
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25. Is it possible to have time in the courtroom to familiarize oneself with the layout and available
technology? If so, who should be contacted to schedule the time?
Yes, contact should be made with Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-
6550, Ext. 5011,
[email protected].
Motions Practice
26. When (if ever) does the court want a courtesy copy of a filing?
Only for emergency motions.
27. Does the court prefer copies of cases attached to briefs or motions? If so, are copies from
electronic databases acceptable? Does the court prefer pertinent provisions of the cases to be
highlighted?
No, but parties are encouraged to hyperlink citations in their briefs for Westlaw access.
28. Does the court typically have hearings on contested motions in civil cases? If not, what
circumstances would warrant a hearing?
Should you desire oral argument on a motion, you should make such a request in the
opening paragraph of your motion. The Court will notify you if a hearing will be held.
29. What time of day are hearings in civil cases generally held?
Civil hearings are usually held at 10:30 a.m. or 1:30 p.m.
30. Does the court allow telephone or Zoom conferences for the resolution of motions or other
matters? If so, who arranges them and when are they typically scheduled?
Yes, if a telephone or Zoom conference is necessary, it can be arranged by the parties in
coordination with a Law Clerk or the Courtroom Deputy.
31. Does the court depart from the page limits contained in the local rules? If so, by standing
order or is a motion for leave of court and order required?
Any brief or memorandum less than 30 pages may be submitted.
32. Does the court accept briefing on motions beyond the motion, response, and reply? If so, is
a motion for leave of court and order required?
Yes. Call the Law Clerks who will confer with the Judge.
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33. Does the court accept letter briefs in civil cases? If so, are there circumstances in which the
court prefers letter briefs?
Letter briefs should not be submitted.
34. Does the court permit the parties in civil cases to agree to extensions of time by stipulation
filed with the court, rather than by motion and order, where the extension will not affect other
pretrial dates? E.g., an extension to answer the complaint or to respond to written discovery.
Extensions to answer a complaint require an agreed motion and proposed order. See
Fed. R. Civ. P. 6. Otherwise, discovery extensions may be stipulated to between the
parties without any need for court approval.
35. How far before trial does the court rule on dispositive motions?
As far in advance as possible, but if the court cannot address the motion, it will usually
continue the trial setting.
36. Does the court have any particular rules regarding filing, hearing, or granting motions that
have not been addressed above?
• Do not combine a motion to dismiss and an answer in one document.
• Do not submit a response and a motion together in one document.
• Motions for leave to file an amended pleading should include a redline comparison
of the proposed amended pleading against the previous version.
• Motions to Dismiss and Motions for Summary Judgment should contain a
background statement of uncontested facts.
• Any request that a trial date be modified must be made in writing to the judge before
the deadline for completion of discovery.
• A motion in limine must be confined to matters actually in dispute.
• If a motion or response contains numerous exhibits, consider delivering a “hard
copy” to Chambers. Briefs or motions on CD with hyperlinks to cases or exhibits are
also accepted. To the extent possible, scanned documents should be made searchable
through optical character recognition (OCR) before electronic filing.
Courtroom Decorum
37. Does the court have special rules governing courtroom decorum (e.g., addressing opposing
counsel; approaching the witness; talking or passing notes at the counsel table; beverages
allowed at the counsel table; attire)?
Attorneys are required to wear standard business attire. For men, this includes a coat
and tie. Otherwise, see Local Rule AT-5.
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38. Does the court prefer that counsel address the court from counsel table or from the lectern?
From the lectern.
39. Does the court prefer that counsel address witnesses from counsel table or from the lectern?
From the lectern.
Hearing and Trial Procedures
40. What is the court’s general procedure for continuing civil trials? How early does the court
want the request made and how early will the court rule on such a request?
Any request that a trial date be modified must be made in writing. The opposing side
must be conferred with regarding the continuance of a trial. If there is an agreement,
the Court normally approves a continuance. If there is no agreement, a response
indicating the grounds for opposition should be filed.
41. Will the court grant a motion to continue the trial date if it is unable to rule on a pending
dispositive motion before the parties must begin final trial preparation?
Yes.
42. When does the court typically begin and end trial days?
Trial will normally convene at 9:00 a.m. and adjourn around 5:00 p.m., recessing for
lunch between 12:00 p.m. and 1:15 p.m.
43. Does the court permit the use of jury questionnaires? If so, when should the proposed
questionnaire be provided to the court?
Only with permission. The proposed questionnaire should be provided to the Court as
soon as possible, but no later than 60 days before trial.
44. Does the court allow attorneys to conduct their own voir dire in civil cases? If so, typically
for how long?
The Judge will conduct the principal voir dire. Attorneys may submit written questions
in advance. On completion of the general voir dire, the Judge typically allows attorneys
to ask follow-up questions (a time limit of 20 minutes per side is usually imposed).
45. How much time are parties typically given for opening statements in civil cases?
Counsel are normally afforded 20-30 minutes per side to make an opening statement.
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46. Does the court require the parties to exchange demonstratives prior to using them in trial? If
so, when should they be exchanged?
To avoid bench conferences in a jury trial, the Court recommends that parties exchange
any item that a party intends to use in the presence of the jury as a demonstrative aid,
regardless whether the party intends to move its admission in evidence.
Please Note: Exhibits are to be placed in three-ring binders. The binders should be
labeled with the style of the case, case number, and whether the binder is “Plaintiff’s
Exhibit Notebook” or “Defendant’s Exhibit Notebook.” The first page in the binder
should have the style of the case, case number, and “Plaintiff’s/Defendant’s Exhibit
Notebook.” The next page should be the exhibit index. Each exhibit should be tabbed
for ease of locating that exhibit. Special exhibit labels are not necessary; you may use
the standard “Plaintiff/Defendant Exhibit” labels. Provide one set of exhibits for the
judge and one set for use by witnesses on the witness stand.
The court has the ability to receive all trial exhibits in electronic format. The jury is then
able to review the admitted exhibits during deliberations using the Jury Evidence
Recording System (JERS). Instructions on how to submit exhibits in the appropriate
electronic format may be found here.
47. Does the court permit the parties to use deposition testimony by agreement even if the witness
is not unavailable?
The Court will accept the parties’ agreement to use a deposition at trial even though the
witness is available. Otherwise, parties must follow Fed. R. Civ. P. 32. Before trial,
counsel must provide the Courtroom Deputy with a copy of all depositions to be used as
exhibits at trial. Counsel will designate the portion of any deposition to be read by citing
pages and lines. Objections to those portions (citing pages and lines) with supporting
authority must be filed at least three (3) business days before trial. Use of videotape
depositions is permitted to the extent the parties agree on admissibility or edit to resolve
objections.
48. Must a party intending to present testimony by deposition provide excerpts to the court? If
so, when?
Yes, see above for guidelines.
49. May the parties provide the court with electronic versions of proposed jury instructions,
verdict forms, or proposed findings of fact and conclusions of law? If so, what format should
be used?
Yes. Documents may be submitted in Word.
50. May the parties leave exhibits and equipment in the courtroom overnight?
Yes.
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51. What is the court’s practice on returning exhibits to the parties and requiring the parties to
preserve them for appeal?
At the conclusion of trial, the Courtroom Deputy will approach counsel and return all
exhibits. Counsel will be required to sign an Inventory of Exhibits. Counsel are
responsible for maintaining exhibits in an unaltered and safe manner for appeal.
Court Appointments
52. What are the court’s procedures and requirements for court appointments for indigents?
Cases are referred to the Magistrate Judge to determine the eligibility and assignment
of court appointed counsel.
53. What are the court’s procedures and requirements for appointment of guardians ad litem?
If an ad litem is required, the Court will appoint, but the parties may make
recommendations.
Miscellaneous
54. What are the court’s procedures for dismissal of cases for want of prosecution?
Failure to serve a defendant within 90 days will trigger a notice to show cause why the
case or defendant should not be dismissed. Otherwise, a defendant should refrain from
filing a motion to dismiss for want of prosecution unless a sufficient time has elapsed
without activity (normally 6 months).
55. What are the court’s requirements and procedures for voluntary dismissal of cases?
The court will sign voluntary dismissals so long as such dismissals resolve all issues.
56. When does the court find that sanctions are appropriate?
Counsel for all parties and all pro se parties should cooperate fully in the discovery
process and make all reasonable discovery available to the requesting party. Excessive
discovery or resistance to reasonable discovery will not be tolerated. Throughout the
discovery process, counsel must observe the standards of litigation set forth in Local
Rule AT-4. Unnecessary discovery or unreasonable delay may subject the infracting
party to sanctions and the payment of costs.
57. Are there any other special practices or procedures for lawyers and parties appearing before
the court in civil cases?
No.
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58. Any pet peeves?
Tardiness
Attorneys talking too fast and upsetting the Court Reporter.
Not immediately notifying the Court that a motion is unopposed (or that portions of a
motion are uncontested).
Failure to acknowledge/distinguish cases adverse to your position.
Unprofessional conduct/use of adjectives to debase or impugn opposing counsel or the
adverse party.
Not immediately notifying the Court that the case has been settled.
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CRIMINAL CASES
Contacting the Court
1. Who should be contacted regarding scheduling matters?
Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011,
[email protected].
2. May the court’s law clerks be contacted directly? If so, under what circumstances?
An attorney may address a procedural question that cannot be answered by the federal
rules of procedure, local rules, or the judge’s scheduling order to the Courtroom Deputy.
Please do not call the judge’s staff to inquire about substantive issues.
3. May the court be contacted by e-mail or fax? If so, what is the address or number?
Yes. Email Sylvia Fernandez, Courtroom Deputy,
[email protected].
The Court cannot accept faxes.
4. How does the court prefer attorneys to contact the court in an emergency?
Please call Chambers at (210) 472-6575 or Sylvia Ann Fernandez, Courtroom Deputy,
(210) 472-6550, Ext. 5011,
[email protected].
5. What procedures should be followed if a party expects to be filing a motion for an expedited
relief?
After the motion has been filed with the Clerk’s office, immediately notify the
Courtroom Deputy, Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext.
5011,
[email protected]. Use every reasonable effort to provide
notice to the adverse party that the motion has been filed and provide a copy of the
motion to the opposing party by electronic (e-mail) delivery.
6. What procedures should be followed to request an expedited hearing in a criminal case?
Contact Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011,
[email protected].
7. Is it permissible to contact the court regarding the status of motions in a criminal case? If
so, should the law clerk or the courtroom deputy be contacted?
Contact Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011,
[email protected].
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8. Should the parties notify the courtroom deputy, the law clerk, or another person if a contested
motion in a criminal case has been resolved?
Notify Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011,
[email protected].
9. How should attorneys advise the court when a criminal case requires an evidentiary sentencing
hearing?
Contact Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011,
[email protected].
General Pretrial Matters
10. What is the court’s procedure for issuance of scheduling orders in criminal cases?
A general scheduling order and trial date is entered by the Court immediately after the
case has been assigned to Chambers.
11. What is the court’s procedure for requests for modification of scheduling orders?
The court will approve, in most instances, an agreed modification. If it is not agreed to,
the opposing party should file a response to any motion to modify.
12. Are there matters that the court routinely refers to a magistrate judge in criminal cases?
Pleas of guilty and motions for appointment, withdrawal or substitution of counsel may
be referred.
Procedures Specific to Criminal Cases
13. Must counsel in criminal cases confer on all motions before filing them? If so, must counsel
reflect the result of their conference in the body or title of the motion?
No, except on discovery matters. The Court enters a General Order regarding Discovery
very early in the case. That Order requires various discovery disclosures to be made
without the necessity of any written motion. No “routine” discovery motions should be
filed, unless the General Order of Discovery has not been complied with.
14. Does the court prefer use of the pretrial checklist or pretrial motion practice?
All parties should comply with the General Order of Discovery. In addition, parties are
encouraged to also use the discovery checklist provided by Local Rule CR-16.
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15. If the parties use the pretrial checklist, how should they make a record of what was agreed to?
The checklist is self-explanatory and should be signed by both counsel and filed. If there
are questions, the parties can approach the Court.
16. If the parties use the pretrial checklist, how should they get a hearing on contested matters?
File a motion, attach the checklist and ask for a hearing.
17. Does the court have any specific requirements for motions to suppress? If so, please describe
them.
To require an evidentiary hearing, the motion and opposition must be sufficiently
definite, specific, detailed, and nonconjectural to enable the court to conclude that there
are contested issues of material fact going to the validity of the government’s conduct
that must be resolved before the motion can be decided. Unless the moving and
responding papers establish disputed issues of material fact, a hearing may not be
necessary. The mere desire to cross-examine an opposing witness is never enough to
justify the need for an evidentiary hearing. Factual detail and case citations are
required.
18. Does the court have any specific requirements for discovery motions? If so, please describe
them.
Parties should comply with the General Order regarding Discovery. In addition, parties
are encouraged to also use the discovery checklist provided by Local Rule CR-16.
19. What does the court hope to accomplish at docket call settings in criminal cases?
The status of the case, if a plea will be entered or a trial will be necessary.
20. When should exhibits and objections to them be exchanged and filed?
All exhibits, except those offered solely for impeachment, that a party intends to offer at
trial must be marked before trial with an exhibit number, and be exchanged with
opposing parties at least 3 days before the date of the trial setting. Unless the court
advises the parties otherwise, however, they must not deliver trial exhibits, or the court’s
copies of such exhibits, to the court before the date the trial actually commences. To
avoid bench conferences during a jury trial, the Court recommends that parties
exchange any item that a party intends to use in the presence of the jury as a
demonstrative aid, regardless of whether the party intends to move its admission in
evidence.
The court has the ability to receive all trial exhibits in electronic format. The jury is then
able to review the admitted exhibits during deliberations using the Jury Evidence
Recording System (JERS). Instructions on how to submit exhibits in the appropriate
electronic format may be found here.
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21. Does the court prefer that objections to the Presentence Investigation Report be filed or merely
communicated to the Probation Officer?
Objections to the Presentence Investigation Report or Guideline Worksheet shall be
submitted to the Probation Officer. If the Probation Officer does not modify the PSIR
or Guideline Worksheet and the objection remains unresolved, Counsel shall file a
Sentencing Memorandum outlining the unresolved objection, any authorities relied
upon and sentencing recommendations for the Court’s consideration. As part of the
Sentencing Memorandum, counsel may submit exhibits/letters. The Sentencing
Memorandum should be filed with the Clerk’s Office as least 3 days prior to any
sentencing hearing. Counsel shall provide a copy of the Sentencing Memorandum to the
U. S. Probation Officer and opposing counsel.
Facilities and Technology
22. Does the court reporter use Real Time? If so, who should be contacted to obtain rough
transcripts?
Yes. Parties can contact the court reporter, Amber Nino at (210) 472-6550, Ext. 5037.
23. Does the courtroom have Internet access? If so, must arrangements to use the Internet access
be made ahead of time?
Yes, there is internet access, but arrangements must be made ahead of time.
24. Please indicate which of the following are available in the courtroom:
White Erase Board Yes
Chart stand: No
Document presenter: Yes
Video equipment: See Courtroom Technology Guidance.
25. Is any additional technology available? If so, please describe.
See Courtroom Technology Guidance.
26. What arrangements must be made to use the available equipment?
Courtroom Deputy Sylvia Ann Fernandez should be notified prior to the hearing or trial
as to what equipment is needed.
27. May parties bring their own equipment? If so, are there any restrictions on what equipment
may be brought and who should be contacted to arrange for the delivery of such equipment?
Yes, contact should be made with Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-
6550, Ext. 5011,
[email protected].
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28. Is it possible to have time in the courtroom to familiarize oneself with the layout and available
technology? If so, who should be contacted to schedule the time?
Yes, contact should be made with Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-
6550, Ext. 5011,
[email protected].
Motions Practice
29. When (if ever) does the court want a courtesy copy of a filing?
Only for emergency motions.
30. Does the court prefer copies of cases attached to briefs or motions? If so, are copies from
electronic databases acceptable? Does the court prefer pertinent provisions of the cases to be
highlighted?
Yes, copies of cases should be attached to briefs or motions, and copies from electronic
databases are acceptable with pertinent parts highlighted.
31. Does the court typically have hearings on contested motions in criminal cases? If not, what
circumstances would warrant a hearing?
Yes, however, see answers to questions nos. 16 and 17.
32. What time of day are hearings in criminal cases generally held?
Criminal hearings are usually held at 9:30 a.m. or 1:30 p.m. via Zoom.
33. Does the court allow telephone or Zoom conferences for the resolution of motions or other
matters? If so, who arranges them and when are they typically scheduled?
Yes, if a telephone or Zoom conference is necessary, it can be arranged by the parties in
coordination with a Law Clerk or the Courtroom Deputy.
34. Does the court depart from the page limits contained in the local rules? If so, by standing
order or is a motion for leave of court and order required?
Without leave of Court, any brief or memorandum less than 30 pages may be submitted.
35. Does the court accept briefing on motions beyond the motion, response, and reply? If so, is
a motion for leave of court and order required?
Yes. Parties may file a motion for leave of court to submit supplemental briefing.
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36. Does the court accept letter briefs in criminal cases? If so, are there circumstances in which
the court prefers letter briefs?
Letter briefs should not be submitted.
37. Does the court permit the parties in criminal cases to agree to extensions of time by stipulation
filed with the court, rather than by motion and order, where the extension will not affect other
pretrial dates? E.g., an extension to answer the complaint or to respond to written discovery.
Yes.
38. How far before trial does the court rule on dispositive motions?
As far in advance as possible, but if the court cannot address the motion, it will usually
continue the trial setting.
39. Does the court have any particular rules regarding filing, hearing, or granting motions that
have not been addressed above?
• Do not submit a response and a motion together in one document.
• Motions to Suppress should contain a background statement of uncontested facts.
• Any request that a trial date be modified must be made in writing.
• A motion in limine must be confined to matters actually in dispute.
Courtroom Decorum
40. Does the court have special rules governing courtroom decorum (e.g., addressing opposing
counsel; approaching the witness; talking or passing notes at the counsel table; beverages
allowed at the counsel table; attire)?
Attorneys are required to wear standard business attire. For men, this includes a coat
and tie. Otherwise, see Local Rule AT-5.
41. Does the court prefer that counsel address the court from counsel table or from the lectern?
From the lectern.
42. Does the court prefer that counsel address witnesses from counsel table or from the lectern?
From the lectern.
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Hearing and Trial Procedures
43. What is the court’s general procedure for continuing criminal trials? How early does the court
want the request made and how early will the court rule on such a request?
Any request that a trial date be modified must be made in writing. The opposing side
must be conferred with regarding the continuance of a trial. If there is an agreement,
the Court normally approves a continuance. If there is no agreement, a hearing is held.
44. Will the court grant a motion to continue the trial date if it is unable to rule on a pending
dispositive motion before the parties must begin final trial preparation?
Yes.
45. When does the court typically begin and end trial days?
Trial will normally convene at 9:00 a.m. and adjourn around 5:00 p.m., recessing for
lunch between 12:00 p.m. and 1:15 p.m.
46. Does the court permit the use of jury questionnaires? If so, when should the proposed
questionnaire be provided to the court?
Only with permission. The proposed questionnaire should be provided to the Court as
soon as possible, but no later than 60 days before trial.
47. Does the court allow attorneys to conduct their own voir dire in criminal cases? If so, typically
for how long?
The Judge will conduct the principal voir dire. Attorneys may submit written questions
in advance. On completion of the general voir dire, the Judge typically allows attorneys
to ask follow-up questions (a time limit of 20 minutes is usually imposed).
48. How much time are parties typically given for opening statements in criminal cases?
Counsel are normally afforded 20-30 minutes to make an opening statement.
49. Does the court permit the parties to use deposition testimony by agreement even if the witness
is not unavailable?
The Court will accept the parties’ agreement to use a deposition at trial even though the
witness is available. Before trial, counsel must provide the Courtroom Deputy with a
copy of all depositions to be used as exhibits at trial. Counsel will designate the portion
of any deposition to be read by citing pages and lines. Objections to those portions (citing
pages and lines) with supporting authority must be filed at least three (3) business days
before trial. Use of videotape depositions is permitted to the extent the parties agree on
admissibility or edit to resolve objections.
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50. Must a party intending to present testimony by deposition provide excerpts to the court? If
so, when?
Yes, see above for guidelines.
51. May the parties provide the court with electronic versions of proposed jury instructions,
verdict forms, or proposed findings of fact and conclusions of law? If so, what format should
be used?
Yes. Documents may be submitted in Word.
52. May the parties leave exhibits and equipment in the courtroom overnight?
Yes.
53. What is the court’s practice on returning exhibits to the parties and requiring the parties to
preserve them for appeal?
At the conclusion of trial, the Courtroom Deputy will approach counsel and return all
exhibits. Counsel will be required to sign an Inventory of Exhibits. Counsel are
responsible for maintaining exhibits in an unaltered and safe manner for appeal.
Miscellaneous
54. When does the court find that sanctions are appropriate?
Counsel for all parties and all pro se parties should cooperate fully in the discovery
process and to make all reasonable discovery available to the requesting party. Excessive
discovery or resistance to reasonable discovery will not be tolerated. Throughout the
discovery process, counsel must observe the standards of litigation set forth in Local
Rule AT-4. Unnecessary discovery or unreasonable delay may subject the infracting
party to sanctions and the payment of costs.
55. Are there any other special practices or procedures for lawyers and parties appearing before
the court in criminal cases?
Counsel should thoroughly confer with their clients BEFORE the rearraignment
regarding any plea. Plea agreements should be completely signed (and copies provided
to the Courtroom Deputy) well in advance of the hearing.
56. Any pet peeves?
Tardiness.
Attorneys talking too fast and upsetting the Court Reporter.
Not immediately notifying the Court that a motion is unopposed (or that portions of a
motion are uncontested).
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Failure to acknowledge/distinguish cases adverse to your position.
Unprofessional conduct/use of adjectives to debase or impugn opposing counsel or the
adverse party.
Objections raised for the first time at the sentencing hearing and not previously made to
the Probation Officer.
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