Management Procedures |
Procedures | Misc Procedures
| Law Clerk/Extern Positions
|Requirements for District Judge Barbara M.G. Lynn
I. Case Management Procedures
- Preliminary Pretrial Conference ("Rule
The Judge conducts a preliminary pretrial conference when
the parties request one, or when the Judge determines it is advisable.
- Fed. R. Civ. P 26(f) Conference
Lawyers may confer by telephone conference and occasionally
the Court conducts telephone hearings. The Courtroom Deputy schedules
such hearings and the movant's counsel is typically responsible
for arranging them.
- Status Report/Scheduling Order
Once the Answer is filed, the Judge issues an order requiring
the parties to confer to prepare a Joint Report. When the Joint
Report is received, the Judge issues a Scheduling Order. The Scheduling
Order may modify deadlines set forth in the Federal Rules of Civil
Procedure and local civil rules. The trial date is set in the
Scheduling Order, and will be not changed absent extremely
good cause. The Court prefers that dispositive motions be
filed 120 days before trial, but no later than 90 days before
trial. The deadline for dispositive motions, pretrial filings
and the dates of trial and the pretrial conference may not be
changed without the court's approval. Other dates may be changed
by agreement of the parties, if a Stipulation between the parties
reflecting the extension is filed, but the deadline for objecting
to experts must be at least 90 before trial.
- Referrals to Magistrate Judges
Discovery disputes are often, but not always,
referred. Other motions are sometimes referred for recommendation.
- Settlement Discussion
The Judge requires periodic written reports on the status
of settlement negotiations. Mediation is favored and ordered on
a case-by-case basis. The Court will select a mediator if the
parties cannot agree on a mediator.
- Pretrial Order
Counsel must file a Joint Pretrial Order 21 days before trial,
along with a report describing the status of settlement negotiations.
In addition to the requirements of Local Civil Rule 16.4, each
party must file a list of witnesses as described in III.A.2 below.
A party may file a trial brief with the pretrial order but is
only required to do so at the direction of the Judge.
- Final Pretrial Conference
Normally held during week prior to trial.
- Judge's Copy of Documents Filed By Electronic Means
Judge Lynn requires a judge's copy of all dispositive motions, responses, replies and appendices thereto and any filing more than 25 pages in length.
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II. Motion Practice
- Requirements for Specific Motions
- Summary Judgment -
- Continuance - Not
favored, but if imperative, should be filed as early as possible.
- In Limine - A Motion
in Limine must be filed at least seven days before trial, and
counsel must confer thereafter. The parties are to advise the
Court in writing at least 24 hours before trial as to the limine
items that remain in dispute.
- Other - If a motion is pending and the
parties are having serious discussions which might make it unnecessary
for the Court to rule on the motion, the parties are to advise
the law clerk immediately that such discussions are ongoing.
Oral argument on motions is granted on
a case-by-case basis. Counsel should advise the Court if they
believe oral argument would be particularly helpful in a given
- Fed. R. Civ. P. 26(a)
- 26(a)(1): Parties
are required to make initial disclosures as required by the
- 26(a)(3): By 21 days before trial, each
party must file a list of witnesses who may be called in its
case-in-chief. The list must contain a brief narrative summary
of the testimony to be elicited from each witness, shall state
whether the witness has been deposed, and shall state whether
the witnesses testimony at trial is "probable,"
"possible," "expert" or "record custodian."
A copy of this list must be furnished to the court reporter
- Filing Discovery Material
Parties are to follow Local Civil Rule
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IV. Trial Procedures
- Exchanging Exhibits
Each party must comply with the requirements
of Local Civil Rule 26.2(b) 14 days before trial. The Court will
preadmit exhibits whenever possible. Counsel should supply a copy
of all exhibits for the Courts use, 3 hole-punched in notebooks.
- Voir Dire
The Court has the venire fill out a general
questionnaire, which is furnished to counsel prior to commencement
of voir dire. A copy may be obtained from the Courtroom Deputy.
The Court will consider modifications and brief supplementations
to the questionnaire upon request. The Judge conducts a brief
voir dire, and allows questioning by attorneys averaging 20-30
minutes per side.
- Proposed Jury Instruction/Findings of Fact and
Conclusions of Law
Each party must file a hard copy of its
annotated requested jury instructions or proposed findings of
fact and conclusions of law 14 days before trial, along with a
disk, in IBM word perfect compatible format.
- Courtroom Decorum
Business attire is appropriate for men
and women. Business pantsuits are acceptable for women. Jackets
are to remain on in the courtroom. During trial, attorneys should
rise when addressing the Court and when the jury enters and exits
the courtroom. Lawyers will examine witnesses from the lectern.
They should seek initial permission to approach the witness, and
once permission is granted, it continues during that lawyers
examination of the witness. Lawyers may quietly confer and pass
notes at the counsel table. Only water may be consumed at the
counsel tables, and under no circumstances will food be allowed
in the courtroom.
- Electronic Equipment in the Courtroom
Secure Court's permission and arrange with
Courtroom Deputy for time of installation.
Objections to exhibits and objections to
deposition designations must be filed 7 days before trial, along
with copies of exhibits and depositions objected to.
V. Miscellaneous Procedures
- Judge's Copy of Pleadings
Pleadings must be file-stamped unless it
is urgent that a copy be furnished to the Court without file stamping.
- Telephone Calls to Chambers
An attorney may address a procedural or
scheduling question that cannot be answered by the Federal Rules
of Civil Procedure, Local Rules, or the Scheduling Order to Lori
Greco, Courtroom Deputy, or to the Judge's Law Clerks. Questions
regarding what has/has not been filed should be addressed to the
District Clerk's office. Neither the Courtroom Deputy nor the
Law Clerks will give legal advice or predict what the Court will
do on a given matter.
- Faxed Document
The Court does not accept filings by fax,
unless arranged in advance and approved by the Courtroom Deputy,
Judicial Assistant or Law Clerk
VI. Law Clerk/Extern
- Application Procedures
- Send written application, with resume, to Judy Flowers, Judicial
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