Judicial Survey Questions

Neiman, Kenneth P.

• KPN 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?
• KPN Q2: If you have a specific scheduling order, please attach your order.
• KPN 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)?
• KPN Q4: What, if any, inquiries do you make about settlement prospects and/or interest in mediation at the initial scheduling conference?
• KPN Q5: What, if any, inquiries do you make about the likelihood of trial at the initial scheduling conference?
• KPN Q6: What schedule do you set at the initial scheduling conference? Please describe here.
• KPN Q7: After the initial scheduling conference, do you hold status conferences?
• KPN Q8: If so, when do you typically hold status conferences?
• KPN Q9: If so, what issues do you address at status conferences? (e.g., status of discovery, settlement prospects, mediation, etc.)
• KPN 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?
• KPN Q11: What, if any, issues related to electronically stored information should counsel be prepared to address at the initial scheduling conference?
• KPN 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?
• KPN Q13: Under what circumstances would you consider a bifurcation of discovery?
• KPN 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?
• KPN 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?
• KPN Q16: Do you typically hold a hearing on discovery motions?
• KPN Q17: Please describe your general practice regarding the resolution of discovery motions.
• KPN Q18: Under what circumstances will you consider emergency motions regarding discovery matters?
• KPN Q19: Do you have any particular practices or requirements about expert disclosures?
• KPN 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?
• KPN 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?
• KPN 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?
• KPN 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?
• KPN Q24: Do you typically allow reply briefs and/or surreply briefs?
• KPN Q25: If you allow reply and/or surreply briefs, do you impose a page limit?
• KPN Q26: Do you typically hold a hearing on motions to dismiss?
• KPN Q27: Do you typically hold a hearing on summary judgment motions?
• KPN Q28: If you typically hold hearings on dispositive motions, what, if any, time limits do you impose on counsel for their arguments?
• KPN Q29: Under what, if any, circumstances, would you allow the filing of post-argument briefs?
• KPN Q30: Do you have any standing order and/or any particular practice regarding the management of patent cases? If so, please describe them.
• KPN Q31: If applicable, please upload your standing order regarding the management of patent cases.
• KPN Q32: Do you have particular practice about Markman hearings? If so, please describe them including but not limited to whether you allow tutorial(s).
• KPN Q33: If you have any particular practices or preferences in regard to submissions before a mediation, please describe them.
• KPN Q34: Do you have a standard pre-mediation order for the parties? If so, please attach it here.
• KPN Q35: If you have any particular practices or preferences in regard to conducting a mediation, please describe them here.
• KPN Q36: Do you require the party/parties to be present or available during a mediation?
• KPN 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?
• KPN Q38: Typically, at what point, will you refer a criminal case back to the district judge?
• KPN Q39: Do you have any particular practices as to scheduling in criminal cases? If so, please describe them.
• KPN Q40: Do you require the filing of a trial brief?
• KPN 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?
• KPN Q42: Do you typically hold an initial pretrial conference in civil cases?
• KPN 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?
• KPN 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.
• KPN Q45: Do you set a page limit for motions in limine? If so, what is it?
• KPN Q46: Do you typically hear motions in limine at the final pretrial conference?
• KPN Q47: Do you typically resolve motions in limine at the final pretrial conference?
• KPN Q48: Do you typically hear and/or resolve Daubert motions at the final pretrial conference?
• KPN Q49: Do you require the parties to provide a courtesy copy of trial exhibits to the Court before trial?
• KPN Q50: If courtesy copies of trial exhibits are required, when do you require them?
• KPN Q51: If courtesy copies of trial exhibits are required, what particular form is required?
• KPN Q52: Do you require trial exhibits to be pre-marked? If so, please describe your practice?
• KPN Q53: Typically, when do you set a trial date in civil cases?
• KPN Q54: What is your typical trial schedule?
• KPN 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?
• KPN Q56: Please describe your jury selection process.
• KPN Q57: Under what circumstances, if any, have you or would you consider using a juror questionnaire?
• KPN Q58: If you would consider the use of a jury questionnaire, when and in what form should it be proposed?
• KPN Q59: Have you or would you consider allowing attorney voir dire?
• KPN Q60: In civil trials, typically what number of jurors do you seat?
• KPN Q61: Do you require counsel to use the podium during openings, examination of witnesses and/or closings?
• KPN Q62: How many rounds of examination do you typically allow?
• KPN Q63: Under what, if any, circumstances, will you allow a rebuttal case?
• KPN Q64: Do you have any preferences about the use of chalks during openings and closings?
• KPN Q65: Do you have any particular practice in regard to jury charge conferences? If so, please describe it.
• KPN Q66: Do you provide a written copy of your jury charge to the jury?
• KPN Q67: Will you consider counsel’s proposals of a special verdict form? If so, should it be in any particular format?
• KPN 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.
• KPN Q69: If you have any particular practices as to bench trials, please describe them.
• KPN Q70: If your session has any standing orders, please attach them here.
• KPN Q71: Order #2
• KPN Q72: Order #3
• KPN 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