Trial Preferences

Trial Days

Judge Burns tries cases five days a week from 10:00 a.m. until 5:00 p.m. with an hour for lunch. She uses the hour from 9:00 a.m. to 10:00 a.m. for sentences, oral arguments, etc., from other cases, and occasionally for trial-related motions. She takes a short recess mid-morning and mid-afternoon.

Time Limitations for Trial

Judge Burns does not impose formal trial time limitations for trials. However, she does request time estimates from counsel before trial and expects counsel to attempt to abide by those estimates during the trial.

Time Limitations for Individual Examinations of Witnesses

Judge Burns does not set time limits for the examination of individual witness examination.

Opening Statements

Judge Burns will, in her discretion, permit opening statements upon request of counsel.

Judge Burns gives an opening statement of approximately one-half hour in length. In advance, she asks counsel for a joint statement that summarizes the case that she can incorporate into her opening statement.

Judge Burns will not read pleadings to the jury in lieu of or as part of an opening statement.

Closing Arguments

Judge Burns allows each side one hour to present a closing argument. She does not charge the jury before the closings. She provides the jury charge to counsel in advance of closing arguments.

Demonstrative Exhibits

Judge Burns requires that demonstrative exhibits be shown to opposing counsel first and listed in the pretrial memoranda. Counsel can use a new demonstrative exhibit in the closing so long as counsel shows it to the other side first.

Moving Exhibits into Evidence

Judge Burns requests that counsel attempt to agree in advance on exhibits. She typically deals with objections during the course of trial, unless there will be protracted argument. In that case, she will do the argument outside of the presence of the jury and will often use her 9:00 a.m. to 10:00 a.m. time slot for that purpose.

Pre-marking of Exhibits

Judge Burns requires pre-marking and exchange of exhibits shortly before the final pretrial conference. She requires two tabbed binders of all exhibits a few days before trial. The spine of the exhibit binders should be labeled with the case name and number and the name of the party offering those exhibits. Each exhibit binder volume should have its own table of contents.

Procedural Motions and Arguments

Judge Burns typically handles procedural motions and arguments outside of ordinary trial time and often uses the 9:00 a.m. to 10:00 a.m. hour for this purpose.

Objections

Objections that require argument will be heard at breaks or in the 9:00 a.m. to 10:00 a.m. hour. Documentary objections and motions in limine should be included in or accompany the parties' joint trial memorandum.

Jury Profiles

Under the recently revised system, attorneys receive basic information about jurors the day before trial.

Jury Selection

Judge Burns asks the voir dire questions, but she invites counsel to submit questions to her. She will allow counsel to ask their own questions after introducing themselves and after she has asked her questions. In her experience, very few lawyers have accepted this invitation. She does not require lawyers to submit those questions in advance.

Judge Burns uses the box method to select jurors. Typically, she will put in the box the number of people needed for the jury, enough jurors to cover challenges, and a few extras. She leaves the rest of the prospective jurors sitting in the spectator section of the courtroom.

Judge Burns only requires attorneys to introduce the names of lawyers in the local office in which they serve. She does require the United States Attorney's Office to identify all members of that office statewide.

Jurors in a Civil Case

Judge Burns typically sits eight or nine jurors in a civil case. If the trial is longer than average, she will add one or two jurors, particularly if it is during the winter. She does not seat alternates in civil cases. Everyone who sits on the jury deliberates.

Juror Exhibit Binders

Judge Burns permits the jury to have exhibit binders, providing that the exhibits have been admitted into evidence.

Juror Notes

Judge Burns does not allow jurors to take notes during trial.

Jury Charge

Early in the case, Judge Burns and her clerk provide the lawyers with a preliminary request to charge. The charge is based upon submissions made by the lawyers in the pretrial memoranda and boilerplate language. The lawyers then have an early charging conference with her to react to that initial draft. She typically has more than one charging conference to make sure that the final charge comports with the evidence that has been admitted.

Post-verdict Communications with Jurors

At the end of the trial, Judge Burns always tells the jurors that they are allowed to talk to the lawyers, but she advises them not to. She makes it quite clear that they cannot talk about deliberations or the views of other jurors. She herself tries to talk to jurors after the trial.

Motions in limine

Motions in limine are submitted by counsel with the Joint Trial Memorandum.

Counsel Placement in Court

Judge Burns does not require trial counsel to stand behind a podium. She requests that counsel not get too close to the jurors, and counsel must request permission from her to approach the witness and the bench.

Miscellaneous

Judge Burns requires post-trial findings of fact and conclusions of law for bench trials.

Trial counsel are required to attend the final pretrial conference. Should trial counsel not appear personally at the final pretrial conference, the Court might order the attorney who does appear to try the case.