Judicial Survey Questions

Kelley, M. Page

• MPK Q1: Do you have any specific scheduling order or any particular topics that counsel must address in the joint statement in addition to/or in lieu of the topics required to be addressed under Local Rule 16.1(D) for the initial scheduling conference?
• MPK Q2: If you have a specific scheduling order, please attach your order.
• MPK Q3: Do you have any additional requirement(s) as to the attorneys’ obligation that they confer with their client(s) about case budget and ADR pursuant to Local Rule 16.1(D)(3)?
• MPK Q4: What, if any, inquiries do you make about settlement prospects and/or interest in mediation at the initial scheduling conference?
• MPK Q5: What, if any, inquiries do you make about the likelihood of trial at the initial scheduling conference?
• MPK Q6: What schedule do you set at the initial scheduling conference? Please describe here.
• MPK Q7: After the initial scheduling conference, do you hold status conferences?
• MPK Q8: If so, when do you typically hold status conferences?
• MPK Q9: If so, what issues do you address at status conferences? (e.g., status of discovery, settlement prospects, mediation, etc.)
• MPK Q10: Other than the requirements under Local Rule 16.1(D) for addressing certain discovery topics in the parties’ joint statement, what, if any, discovery issues do you like counsel to be prepared to address at the initial scheduling conference?
• MPK Q11: What, if any, issues related to electronically stored information should counsel be prepared to address at the initial scheduling conference?
• MPK Q12: If the parties intend to file a proposed protective order, do you require any particular format and/or a specific time for doing so?
• MPK Q13: Under what circumstances would you consider a bifurcation of discovery?
• MPK Q14: Given the new requirement under Fed. R. Civ. P. 26(b)(1) regarding the proportionality of the scope of discovery, what, if any inquiry do you make about this issue at the initial scheduling conference?
• MPK Q15: Other than the requirement that the parties confer in good faith to narrow the issues before filing any discovery motion under Local Rule 37.1(A), what, if any, additional requirements do you make of counsel before considering discovery motions?
• MPK Q16: Do you typically hold a hearing on discovery motions?
• MPK Q17: Please describe your general practice regarding the resolution of discovery motions.
• MPK Q18: Under what circumstances will you consider emergency motions regarding discovery matters?
• MPK Q19: Do you have any particular practices or requirements about expert disclosures?
• MPK Q20: What, if any, expert discovery deadlines do you set at the initial scheduling conference? When do you typically set a schedule for the filing of Daubert motions?
• MPK Q21: If the case involves a pro se litigant, do you typically have any different practices in regard to scheduling conferences, status conferences or discovery matters?
• MPK Q22: Other than the presumptive pages limits for memoranda under Rule 7.1(b), do you have any other requirements or preferences about the filing of dispositive motions?
• MPK Q23: In connection with dispositive motions, do you require the filing of any courtesy copies of exhibits, depositions and/or other materials in addition to the electronic versions that are filed on ECF?
• MPK Q24: Do you typically allow reply briefs and/or surreply briefs?
• MPK Q25: If you allow reply and/or surreply briefs, do you impose a page limit?
• MPK Q26: Do you typically hold a hearing on motions to dismiss?
• MPK Q27: Do you typically hold a hearing on summary judgment motions?
• MPK Q28: If you typically hold hearings on dispositive motions, what, if any, time limits do you impose on counsel for their arguments?
• MPK Q29: Under what, if any, circumstances, would you allow the filing of post-argument briefs?
• MPK Q30: Do you have any standing order and/or any particular practice regarding the management of patent cases? If so, please describe them.
• MPK Q31: If applicable, please upload your standing order regarding the management of patent cases.
• MPK Q32: Do you have particular practice about Markman hearings? If so, please describe them including but not limited to whether you allow tutorial(s).
• MPK Q33: If you have any particular practices or preferences in regard to submissions before a mediation, please describe them.
• MPK Q34: Do you have a standard pre-mediation order for the parties? If so, please attach it here.
• MPK Q35: If you have any particular practices or preferences in regard to conducting a mediation, please describe them here.
• MPK Q36: Do you require the party/parties to be present or available during a mediation?
• MPK Q37: Other than the requirements under Local Rule 116.5, what, if any, practices do you have in regard to status conferences in criminal cases?
• MPK Q38: Typically, at what point, will you refer a criminal case back to the district judge?
• MPK Q39: Do you have any particular practices as to scheduling in criminal cases? If so, please describe them.
• MPK Q40: Do you require the filing of a trial brief?
• MPK Q41: If you do not require the filing of a trial brief, under what circumstances do you think it would be helpful to the Court?
• MPK Q42: Do you typically hold an initial pretrial conference in civil cases?
• MPK Q43: When do you set a deadline for the filing of proposed voir dire, proposed jury instructions and/or special verdict form, witness and exhibits lists, motions in limine? Typically, how far in advance of trial are these deadlines?
• MPK Q44: Do you require that proposed voir dire, verdict forms and/or jury instructions be filed in any particular form (i.e., courtesy electronic copy to your deputy clerk in Word or WordPerfect format, etc.) Describe your practice.
• MPK Q45: Do you set a page limit for motions in limine? If so, what is it?
• MPK Q46: Do you typically hear motions in limine at the final pretrial conference?
• MPK Q47: Do you typically resolve motions in limine at the final pretrial conference?
• MPK Q48: Do you typically hear and/or resolve Daubert motions at the final pretrial conference?
• MPK Q49: Do you require the parties to provide a courtesy copy of trial exhibits to the Court before trial?
• MPK Q50: If courtesy copies of trial exhibits are required, when do you require them?
• MPK Q51: If courtesy copies of trial exhibits are required, what particular form is required?
• MPK Q52: Do you require trial exhibits to be pre-marked? If so, please describe your practice?
• MPK Q53: Typically, when do you set a trial date in civil cases?
• MPK Q54: What is your typical trial schedule?
• MPK Q55: In civil cases, do you set time limits for counsel for opening statements, the presentation of evidence and/or closing arguments? If so, please describe your practice?
• MPK Q56: Please describe your jury selection process.
• MPK Q57: Under what circumstances, if any, have you or would you consider using a juror questionnaire?
• MPK Q58: If you would consider the use of a jury questionnaire, when and in what form should it be proposed?
• MPK Q59: Have you or would you consider allowing attorney voir dire?
• MPK Q60: In civil trials, typically what number of jurors do you seat?
• MPK Q61: Do you require counsel to use the podium during openings, examination of witnesses and/or closings?
• MPK Q62: How many rounds of examination do you typically allow?
• MPK Q63: Under what, if any, circumstances, will you allow a rebuttal case?
• MPK Q64: Do you have any preferences about the use of chalks during openings and closings?
• MPK Q65: Do you have any particular practice in regard to jury charge conferences? If so, please describe it.
• MPK Q66: Do you provide a written copy of your jury charge to the jury?
• MPK Q67: Will you consider counsel’s proposals of a special verdict form? If so, should it be in any particular format?
• MPK Q68: If you have any preferences or practices about pretrial or trial matters that has not been solicited by the prior questions, please describe them here.
• MPK Q69: If you have any particular practices as to bench trials, please describe them.
• MPK Q70: If your session has any standing orders, please attach them here.
• MPK Q71: Order #2
• MPK Q72: Order #3
• MPK Q73: If there is any other guidance about your court practices and preferences that you would like to share with counsel that has not been solicited by any of the prior questions, please provide it here.

United States District Court for the District of Massachusetts