Preferred Procedures and General Information
for Litigants Appearing Before Judge William C. Griesbach
Scheduling Conferences After all parties have appeared in an action, they will receive
notice from the Court as to the date set for a Rule 16(b)
scheduling conference. See Fed. R. Civ. P. 16(b). The Court
prefers that counsel having knowledge of the case attend the
scheduling conference and be prepared to discuss the value
of the claims asserted by them, the expected discovery,
possible defenses, threshold issues, and a case management
plan and schedule. The Notice will also contain the due date
for filing of the proposed discovery plan developed at the
Rule 26(f) conference. A scheduling order will be entered by
the Court after the Rule 16 conference is held.
Requests for Extensions of When reasonably able to do so, a party seeking an extension
Time, Leave to File Amended of any deadline, leave to file an amended pleading or
Pleadings, etc. enlarged brief, or similar relief should confer with all other
parties in the case to determine whether any party objects. A
motion seeking such relief should, where possible, indicate
whether the motion is opposed.
Most requests for such relief will be addressed promptly
when no party objects or all parties stipulate. Any request for
an extension of time, including a stipulation, should set forth
the reasons for the extension, such that the Court can
determine whether good cause exists under Fed. R. Civ. P.
6(b).
Proposed Order Mailbox Proposed orders, when appropriate, should be emailed to
[email protected] in word processing
format (not PDF). The subject line of the e-mail should
contain the case number and the type of relief requested (e.g.,
08-C-999 Order Extending Time).
It is not necessary to prepare proposed orders on motions for
summary judgment, contested motions to dismiss, or similar
motions where it is reasonably anticipated that the Court will
issue a written decision.
Temporary Restraining Orders Parties requesting relief of an immediate or emergency nature
and Expedited Motion Practice should call the deputy clerk or chambers directly. Unless
immediate ex parte relief is warranted, the Court will
generally set the matter for a telephone status conference
upon notification of opposing counsel.
Non-dispositive matters that require expedited attention may
be addressed through an expedited motion following the
procedures in Civil L.R. 7(h). The Court will contact the
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parties if it determines that a telephone conference is
necessary.
Discovery Disputes Note that all parties must confer prior to filing a motion
regarding a discovery dispute. See Fed. R. Civ. P. 37(a) and
Civil L.R. 37. If available, the Court will promptly hold a
telephone conference to address a discovery dispute that
arises in anticipation or in the course of a deposition.
Generally, discovery disputes that are factually or legally
complex should be presented by written motion, but the
parties are invited to request a telephone conference with the
Court in advance of filing a discovery motion if they are
unable to resolve the matter in the Rule 37 conference.
Requests for a hearing are frequently granted, especially if
further difficulty is anticipated and additional guidance is
sought.
Motions to Strike Objections to another party’s submission should normally be
raised in the objecting party’s merits brief, rather than in a
separate motion to strike.
E-Filing Bookmarked Exhibits Usually, litigants are expected to file exhibits as individual,
(Multiple Exhibits in Complex separately named attachments to a filing. If a filer intends to
Cases) file a large number of attachments, the filer may consider
combining all attachments into a single PDF. The PDF must
have bookmarks to the first page of each exhibit that
describes the exhibit. The combined PDF should be
submitted as an attachment to a Main Document filing. The
bookmarked file shall be named so as to indicate how many
attachments are combined in the file (e.g., Exhibits 1-25
bookmarked).
The Court’s megabyte limit for documents remains in effect.
Therefore, it may be necessary to file multiple bookmarked
files in some cases. In such an event, multiple bookmarked
files may be attached to the Main Document filing (e.g.,
Attachments: #1 Exhibits 1–25 bookmarked, #2 Exhibits 26–
35 bookmarked, #3 Exhibits 36–50 bookmarked).
In the event the filer intends to file sealed or restricted
exhibits, a redacted version of the exhibit or a placeholder
page should be included in the combined PDF. Each sealed
or restricted exhibit should be added as a separate attachment
to the Main Document filing. The filer must provide a
descriptive label for each restricted exhibit (e.g.,
Attachments: #1 Exhibits 1–25, #2 Ex. 23 - Unredacted
Contract).
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Summary Judgment Motions In most cases, parties should comply with Civil L.R. 7 and
with Civil L.R. 56 as applicable. Parties are encouraged to
file stipulated facts under Civil L.R. 56(b)(5) to the extent
possible.
As an alternative to the more formal procedure set forth in
Civil L.R. 56, which is generally used after all or almost all
discovery has been completed, a party may elect to use a
more streamlined procedure, hereinafter referred to as the
Streamlined Summary Judgment (SSJ) Procedure. This
streamlined procedure may be used when a wholly or
partially dispositive issue is narrow, discrete, and capable of
early resolution without the need for extensive discovery, i.e.,
statute of limitations, statute of frauds, issues of contract
interpretation, or is capable of resolution by conclusive video
evidence. Upon request of counsel and when appropriate, the
Court (1) may stay unrelated discovery and other
proceedings in the case in order to avoid unnecessary
expense to the parties, or (2) extend the time for responsive
briefing to permit related discovery and other proceedings in
the case as contemplated by Fed. R. Civ. P. 56(f). Because
the issue such a procedure is intended to address is narrow,
discrete, and capable of early resolution without extensive
discovery, there is no need for the parties to submit proposed
findings of fact or responses thereto. The court will
determine from the affidavits submitted by the parties and
exhibits attached thereto whether a dispute of material fact
exists that precludes granting the motion. A party using this
procedure may not file more than three affidavits not
exceeding five pages in length, excluding exhibits and
attachments, absent leave of the Court. The party opposing
an SSJ motion is likewise limited to three affidavits not
exceeding five pages, excluding exhibits and attachments,
absent leave of the Court. Unless otherwise ordered, the page
limitations and deadlines set forth in Civil L.R. 56 remain.
Parties who file SSJ motions must clearly indicate they
are using the SSJ Procedure described in the Procedures
for Litigants Appearing Before Judge Griesbach. If the
opposing party is pro se, the moving party must comply with
Civil L.R. 56(a), except that the text to Civil L.R. 56 should
not be included as part of the motion. Use of this streamlined
procedure will not preclude a later motion from being filed
by any party under Fed. R. Civ. P. 56 where appropriate,
except that any ruling by the Court on an SSJ motion
becomes the law of the case.
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Oral Argument Oral argument is set at the Court’s discretion. Most motions
are decided on briefs, but the parties should advise the Court
if argument is requested and the reasons therefor.
Motions in Limine Motions in limine in civil cases are generally due at least 14
days before the final pretrial conference, with responses due
7 days later, so that a decision can be issued at or before the
final pretrial conference. Earlier filing of motions in limine
raising more complex issues is appreciated.
Courtroom Decorum and Counsel are expected to address clients, witnesses, and all
Procedure for Trial other parties by their surnames.
In making an objection, counsel shall briefly state the
grounds for the objection. During jury trials, the Court will
call a brief sidebar if further discussion is necessary. A full
record can be made once the jury is excused.
Counsel are to address the Court, rather than each other,
during the course of any trial or hearing.
When the Court is in trial, especially jury trials, all non-
essential matters are rescheduled so that interruptions are
kept to a minimum. The trial generally starts at 9:00 a.m.
(some of our jurors travel long distances), but attorneys are
expected to be in court at 8:30 a.m., at least on the first day,
to address any housekeeping matters. In addition to a 10-15
minute break mid-morning and mid-afternoon, a one-hour
lunch break is taken. The Court usually adjourns the trial at
5:00 p.m., unless additional time is needed to complete the
testimony of a witness or there is good reason to continue.
The Court strongly prefers to address matters that are
required to be taken up outside the presence of the jury during
a regular break, in the morning before trial starts, or after the
jury is excused.
The Court generally conducts its own voir dire but
incorporates questions proposed by counsel where
appropriate. Attorneys may request the Court to ask follow-
up questions. Preliminary instructions concerning the
elements of the claim or crime, definition of evidence, burden
of proof, order of trial, and role of the jury are given, usually
while the attorneys are taking their peremptory strikes. In
civil cases, the Court generally seats an eight-person jury.
Exhibits should be marked by counsel before trial.
Documents identified as exhibits should be numbered
sequentially, with only one exhibit number assigned to a
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document or physical object throughout the course of the
trial. Exhibit numbers 1-999 are reserved for plaintiff’s or
prosecution’s exhibits and numbers 1000-1999 are reserved
for the defendant’s exhibits. If there are more than two
parties, successive blocks of 1000 can be reserved for each
additional party, and counsel should consult with the clerk
regarding which block to use. Parties are to avoid offering
duplicate exhibits and are encouraged to stipulate to the
admission of exhibits before trial so as to avoid interrupting
the testimony. Exhibits are not to be displayed to the jury
prior to their admission absent stipulation by the parties.
Upon request and when appropriate, jurors may be provided
copies of a specific exhibit or exhibit binders.
The Court generally allows jurors to take notes during trial.
The Court also provides copies of the verdict to the jurors
during closing argument and copies of the instructions during
jury deliberations. Generally, the Court reads all of the
instructions to the jury before the attorneys make their
closing arguments, except for the brief closing instructions
which are read after the arguments.
Courtroom Equipment The Court has an easel and a wall projector screen (5’ x 6½’)
available for use by counsel. In some cases, including
prisoner cases, testimony by video conference is also
available. Counsel may use personal laptop computers or
contract for other technology at their own expense. Counsel
may make arrangements with court staff for access to the
courtroom for the purpose of setting up any equipment prior
to a trial or hearing.
Transcripts or Copies of Digital All hearings are digitally recorded. Information on ordering
Recording transcripts is available on the Court’s website:
https://www.wied.uscourts.gov/transcript-orders. Questions
may be directed to the Office of the Clerk.
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