Honorable George W. Cannon, Jr.
Magistrate Judge
District Court of the Virgin Islands
3013 Golden Rock, Rm. 295
St. Croix, U.S. Virgin Islands 00820
Telephone (340) 718-1601
Facsimile (340) 718-5416
POLICIES AND PROCEDURES
I. GENERAL INFORMATION
A. Communications with Chambers
1. Judge Cannon permits communications with chambers by
telephone, regular mail or facsimile on non-substantive matters.
2. All substantive issues must be addressed by a motion or
other filing made in accordance with the applicable Rules of the
Court. Under no circumstances may any party or counsel
communicate ex parte with any chambers personnel concerning
substantive matters. Law clerks may not render advice to
counsel.
B. Scheduling
For the benefit and convenience of the parties and to ensure
the fairness and predictability of proceedings, the Court expects
strict adherence by all parties to any schedule imposed by the
Court, whether verbally or by written order.
C. Status and Settlement Conferences
1. As a general rule, I expect all counsel on St. Croix to
attend civil pretrial conferences in person and to be on time.
St. Thomas attorneys may continue to attend scheduling and status
conferences by telephone as a cost-cutting measure to their
clients. Video conference is available upon request. Settlement
conferences require all attorneys to attend in person with their
clients except if special permission is allowed by the Court to
participate by telephone.
2. The docket and my calendar are now available on Web Pacer
at www.vid.uscourts.gov/pacer. If you have to confirm a
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conference, feel free to call my chambers and ask my staff to
check my calendar.
D. Electronic Filing
Counsel are reminded that all documents filed with the Court
must be filed electronically on the Court’s Case
Management/Electronic Case Files (“CM/ECF”) system. Counsel
should refer to the CM/ECF Manual, available on the Court’s
website, at www.vid.uscourts.gov, as well Local Rule of Civil
Procedure 5.4.
II. PRETRIAL MATTERS
A. Continuances
Civil Cases: Where compelling circumstances so require,
counsel may request an extension of a filing or other deadline.
Only written motions for continuances will be entertained. A
request in the form of a letter is unacceptable. Any request for
a continuance must present the position of opposing counsel.
Criminal cases: Any request for a continuance must be filed
as a motion stating the reasons for the request. Any request for
a continuance must present the position of opposing counsel.
B. Discovery
Civil Cases: Parties are expected to manage discovery in
civil cases in accordance with Federal Rule of Civil Procedure
26, without involving Judge Cannon, except in the rarest of
cases.
Judge Cannon relies on counsels’ good faith compliance
in all respects with Rule 26(f) in conducting discovery
conferences. Such conferences should not be viewed as
perfunctory, but rather as a meaningful and substantive
discussion to formulate the discovery plan required by the Rule.
Parties who do not comply will have no voice at scheduling
conferences and may be subject to sanctions.
Criminal Cases: Judge Cannon expects compliance with Federal
Rules of Criminal Procedure 16 in conducting discovery in
criminal cases. Counsel are also expected to comply with the
Local Rules of Criminal Procedure relating to discovery.
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C. Settlement & Pleas
Civil Cases: Judge Cannon addresses the possibility of
settlement at all stages in the proceedings. In addition,
consistent with Local Rule of Civil Procedure 3.2, Judge Cannon
directs all parties to consider the use of mediation as an
alternative dispute resolution process at an appropriate stage in
the litigation.
Upon reaching a settlement, counsel must file a notice
of such settlement immediately to be followed with a stipulation
of dismissal.
Criminal Cases: Judge Cannon addresses the possibility of
pleas at all times. Counsel are encouraged to advise the Court
as early as possible of any pleas to avoid unnecessary juror
expenses.
D. Motion Practice
Parties are expected to be familiar and comply with the
Court’s Local Rules regarding motion practice.
E. Oral Argument
Oral argument may be permitted where there are unique
factual/legal issues presented. If the matter is set for oral
argument, counsel should be prompt, and well prepared.
F. Final Pretrial Conferences
Judge Cannon will utilize the pretrial conference to
discuss specific trial procedures.
III. TRIALS AND PROCEEDINGS
For misdemeanor or criminal trials or if the parties consent
to a trial by the magistrate judge pursuant 28 U.S.C. § 636(c),
and Fed. R. Civ. P. 73, then the following policies will apply.
A. General Procedures
1. Civility and professionalism is the foundation of Judge
Cannon’s courtroom procedures.
2. Court normally begins at 9:00 a.m. The Court will make
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every effort to commence proceedings on time. Counsel, the
parties, and witnesses shall be on time.
3. Cellular phones, Blackberries, pagers, and other
communication devices are not permitted in the courthouse
without special permission from a judge. Attorneys are
responsible for their own and their witnesses’ communication
devices. A violation of this rule may result in confiscation of
the offending instrument.
B. Decorum of Counsel
1. The trial shall at all times be conducted in a dignified
and formal manner. Counsel shall not raise their voices any
louder than is necessary to be clearly heard by the Court,
witnesses, and the jury. Always address the Court and not one
another. Counsel should never act or speak disrespectfully to
the Court or opposing counsel in any manner. Conferences with
co-counsel must be conducted in whispers, so they are not audible
to others in the courtroom.
2. Counsel's demeanor should be one of courtesy and
professionalism. Avoid using first names.
C. Proposed Jury Instructions
1. The parties may submit proposed jury instructions on
substantive issues and proposed verdict forms or special
interrogatories for the jury no later than ten days before the
jury trial.
2. Each proposed instruction should be on a separate page,
double spaced, and should include citation to specific authority
and submitted electronically.
3. Counsel will have the opportunity to file supplemental
instructions during trial as necessary.
E. Proposed Findings of Fact and Conclusions of Law
At the conclusion of a non-jury trial in a civil case, the
parties are expected to submit proposed findings of fact and
conclusions of law, with specific reference to trial evidence.
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F. Court Seating
1. In accordance with local practice, plaintiff's table is
closest to the jury box.
2. If there is a request for more than one counsel table
for all plaintiffs or all defendants, or any other special
requests for seating, visual aids, etc. notify Judge Cannon’s
Courtroom Deputy at least one week before trial.
3. If any party desires sequestration, that motion shall be made
at the outset of the trial. If sequestration is ordered, all
witnesses for all parties will be sequestered. Counsel will be
responsible for informing their non-party witnesses that they
should remain outside the courtroom until called, and that they
should not discuss their testimony with other witnesses until the
trial is concluded.
G. Voir Dire
1. In civil cases, ten days before jury selection, the
parties will submit their proposed questions for voir dire.
2. Judge a conducts voir dire in all cases.
H. Peremptory Challenges
1. Counsel are given the opportunity to exercise
their peremptory challenges simultaneously. Counsel are
encouraged to use the “Attorney’s List” of jurors provided by the
Court to indicate which panel members they wish to strike with
their peremptory challenges.
2. In a typical civil case with two parties, each party
has three peremptory challenges.
3. In a typical criminal case, the government has six
peremptory challenges and the defendant has ten challenges. If
alternate jurors are selected, each party is given additional
challenges.
I. Opening Statements
The purpose of the opening statement is to state briefly
what counsel expects the evidence to show. It is not proper to
use the opening statement to argue the case. Upon violation of
any of these rules, the Court may, sua sponte, interrupt the
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opening statement and admonish counsel. The Court may impose
time limits on opening statements.
J. Exhibits
1. The Court requires that all exhibits anticipated to be
offered at trial be numbered sequentially, irrespective of who
propounds the exhibit. The numbering must be completed in
advance of the proceeding. The parties need not agree on the
admissibility of any exhibit in preparing the exhibits for trial.
The Court will rule on the admissibility of individual exhibits
in the course of trial.
2. Counsel are advised to prepare a binder or binders
containing all documentary exhibits for the Court’s use during
trial, as well as one for use with witnesses.
3. If a party intends to rely on an exhibit during trial,
that exhibit must be shared with the opposing party prior to
trial.
4. If a party intends to use non-court equipment in the
presentation of evidence, such materials, equipment, and
instructions for use must be shared with the opposing party well
in advance of the proceeding to avoid delays during the
proceeding.
5. If an exhibit is a physical object that witnesses are
required to handle, counsel should leave the object at the
witness stand to avoid delays in bringing such exhibits to and
from witnesses.
6. The Court uses the Jury Electronic Recording System
(JERS). Counsel should provide the Court with a USB Flash Drive
or CD/DVD disk containing electronic versions of exhibits at
least three business days prior to the commencement of trial.
Counsel are advised to consult with Court technical staff to
determine the proper format for saving electronic versions of
exhibits. Counsel should be prepared to present their exhibits
using the Court’s electronic presentation devices. Documentary
exhibits should be presented using the Elmo projector/document
camera. Counsel are expected to consult with Court personnel to
familiarize themselves with the equipment at least three business
days prior to the commencement of trial.
7. In the event of technical failure of the Court’s
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presentation devices or equipment, parties should be prepared to
proceed with their own alternative methods of presenting
exhibits.
K. Witnesses
1. The rule of civility is absolute in addressing
witnesses, whether on direct or cross examination. Witnesses
should not be shouted at, ridiculed, or abused in any manner.
2. Counsel are advised to ensure that all witnesses are
available to testify when needed, and to avoid running out of
witnesses during a trial day.
3. At the beginning of the examination, counsel should ask
witnesses to state and spell their names for the benefit of the
court reporter.
L. Objections
1. When objecting, counsel should only state "objection"
and cite to the evidentiary rule upon which the objection is
based. Do not offer argument or explanation unless requested to
do so by the Court. Counsel will not be permitted to state
additional reasons after the Court has ruled. Do not use
objections for the purpose of making a speech, recapitulating
testimony, or attempting to guide the witness.
2. For the purposes of protecting the record, counsel may,
outside of the hearing of the jury, request a more complete
argument on an objection. Argument will be heard during a
scheduled break or before or after trial for the day.
3. In a case involving multiple parties, an objection by
one shall be considered an objection by all unless a party
specifically opts out of the objection.
4. If a witness is testifying by way of videotape or
deposition transcript, counsel must designate the portions of the
transcript intended to be presented at trial well in advance of
trial. Counsel must provide notice of such designation to all
parties no later than two weeks prior to trial. Counsel should
attempt to resolve all issues or objections prior to trial. To
the extent the parties cannot resolve any issues or objections,
they must advise the Court of any outstanding disputes no later
than one week prior to trial.
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5. If transcripts of audio or video recordings are used in
a case, counsel will jointly resolve any dispute regarding the
accuracy of transcripts prior to trial.
M. Summation
1. Judge Cannon may set time limits for closing arguments.
Plaintiff's counsel should be sure to reserve time from their
closing to use for rebuttal. Failure to do so may constitute a
waiver of rebuttal.
2. Any objection during closing should be carefully
considered, brief and legally based.
N. Jury Instructions and Deliberations
1. Judge Cannon provides counsel with a copy of proposed
jury instructions for review in advance of a charging conference.
After reading the charge to the jury, he provides the jury with
one written copy of the charge for use during deliberations.
2. If Judge Cannon submits written interrogatories to the
jury, one copy of such interrogatories is given to the jury.
3. All exhibits admitted into evidence at trial will be
provided to the jury during deliberation.
4. If there is a request to poll the jury, the courtroom
deputy polls the jury.
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