Judicial Survey Questions

O'Toole, George A. Jr.

• GAO 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?
• GAO Q2: If you have a specific scheduling order, please attach your order.
• GAO 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)?
• GAO Q4: What, if any, inquiries do you make about settlement prospects and/or interest in mediation at the initial scheduling conference?
• GAO Q5: What, if any, inquiries do you make about the likelihood of trial at the initial scheduling conference?
• GAO Q6: What schedule do you set at the initial scheduling conference?
• GAO Q7: After the initial scheduling conference, do you hold status conferences?
• GAO Q8: If so, when do you typically hold status conferences?
• GAO Q9: If so, what issues do you address at status conferences? (e.g., status of discovery, settlement prospects, mediation, etc.)
• GAO 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?
• GAO Q11: What, if any, issues related to electronically stored information should counsel be prepared to address at the initial scheduling conference?
• GAO 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?
• GAO Q13: Under what circumstances would you consider a bifurcation of discovery?
• GAO 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?
• GAO 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?
• GAO Q16: Typically, do you resolve discovery motions or do you refer them to the magistrate judge?
• GAO Q17: Do you typically hold a hearing on discovery motions?
• GAO Q18: Please describe your general practice regarding the resolution of discovery motions.
• GAO Q19: Under what circumstances will you consider emergency motions regarding discovery matters?
• GAO Q20: Do you have any particular practices or requirements about expert disclosures?
• GAO Q21: 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?
• GAO Q22: 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?
• GAO Q23: 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?
• GAO Q24: 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?
• GAO Q25: Do you typically allow reply briefs and/or surreply briefs?
• GAO Q26: If you allow reply and/or surreply briefs, do you impose a page limit?
• GAO Q27: Do you typically hold a hearing on motions to dismiss?
• GAO Q28: Do you typically hold a hearing on summary judgment motions?
• GAO Q29: If you typically hold hearings on dispositive motions, what, if any, time limits do you impose on counsel for their arguments?
• GAO Q30: Under what, if any, circumstances, would you allow the filing of post-argument briefs?
• GAO Q31: Do you have any standing order and/or any particular practice regarding the management of patent cases? If so, please describe them.
• GAO Q32: If applicable, please upload your standing order regarding the management of patent cases.
• GAO Q33: Do you have particular practice about Markman hearings? If so, please describe them including but not limited to whether you allow tutorial(s).
• GAO Q34: Do you handle matters regarding discovery in criminal cases?
• GAO Q35: Do you have any particular practices as to scheduling in criminal cases? If so, please describe them.
• GAO Q36: If a defendant files a motion for release and/or modification of conditions of release after the case has been referred back to the district judge, is it your typical practice to resolve the motion or refer it back to the magistrate judge?
• GAO Q37: Do you typically hold a hearing on motions for review of a detention order?
• GAO Q38: Do you have any particular practices regarding the filing of suppression motions or hearings on suppression motions?
• GAO Q39: Do you require the filing of a trial brief?
• GAO Q40: If you do not require the filing of a trial brief, under what circumstances do you think it would be helpful to the Court?
• GAO Q41: Do you typically hold an initial pretrial conference in criminal cases? If so, what issues do you want counsel to be able to address at each conference in addition to those addressed under Local Rule 117.1(a)?
• GAO Q42: Do you typically hold an initial pretrial conference in civil cases?
• GAO 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?
• GAO 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.
• GAO Q45: Do you set a page limit for motions in limine? If so, what is it?
• GAO Q46: Do you typically hear motions in limine at the final pretrial conference?
• GAO Q47: Do you typically resolve motions in limine at the final pretrial conference?
• GAO Q48: Do you typically hear and/or resolve Daubert motions at the final pretrial conference?
• GAO Q49: Do you require the parties to provide a courtesy copy of trial exhibits to the Court before trial?
• GAO Q50: If courtesy copies of trial exhibits are required, when do you require them?
• GAO Q51: If courtesy copies of trial exhibits are required, what particular form is required?
• GAO Q52: Do you require trial exhibits to be pre-marked? If so, please describe your practice?
• GAO Q53: Typically, when do you set a trial date in criminal cases?
• GAO Q54: Typically, when do you set a trial date in civil cases?
• GAO Q55: What is your typical trial schedule?
• GAO Q56: 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?
• GAO Q57: Please describe your jury selection process.
• GAO Q58: Under what circumstances, if any, have you or would you consider using a juror questionnaire?
• GAO Q59: If you would consider the use of a jury questionnaire, when and in what form should it be proposed?
• GAO Q60: Have you or would you consider allowing attorney voir dire?
• GAO Q61: In civil trials, typically what number of jurors do you seat?
• GAO Q62: In criminal trials, typically how many alternate jurors do you seat?
• GAO Q63: Do you require counsel to use the podium during openings, examination of witnesses and/or closings?
• GAO Q64: How many rounds of examination do you typically allow?
• GAO Q65: Under what, if any, circumstances, will you allow a rebuttal case?
• GAO Q66: Do you have any preferences about the use of chalks during openings and closings?
• GAO Q67: Do you have any particular practice in regard to jury charge conferences? If so, please describe it.
• GAO Q68: Do you provide a written copy of your jury charge to the jury?
• GAO Q69: Will you consider counsel’s proposals of a special verdict form? If so, should it be in any particular format?
• GAO Q70: 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.
• GAO Q71: If you have any particular practices as to bench trials, please describe them.
• GAO Q72: Do you require a sentencing memorandum in every case?
• GAO Q73: If you do not require a sentencing memorandum in every case, when would it be helpful to you?
• GAO Q74: Under what, if any, circumstances, would you consider an expedited sentencing?
• GAO Q75: Do you have any particular practices regarding the presentation of victim impact statements at sentencing?
• GAO Q76: Under what, if any circumstances, would you consider the postponement of a sentencing hearing?
• GAO Q77: Do you have any particular practices as to revocation matters?
• GAO Q78: If your session has any standing orders, please attach them here.
• GAO. Q79: Order #2
• GAO Q80: Order #3
• GAO Q81: 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