Judicial Survey Questions

Cabell, Donald L.

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