Trial Preferences

Hours of Day for Trial

Typically, Magistrate Judge Fitzsimmons' hours for trial are 10:00 a.m. to 5:00 p.m. with a one-hour break for lunch, as well as a fifteen-minute break in both the morning and afternoon session. If the case in front of her is scheduled to be tried for an extensive period of time, Magistrate Judge Fitzsimmons is open to suggestions from counsel as to alternative schedules. When the jurors actually undertake deliberations, Magistrate Judge Fitzsimmons will yield to the jury's request as to extending the hours of the court day for their deliberations.

Days of Week for Trial

Trials are held Monday through Friday. As with the hours of the day for a trial, in the event of an extremely long trial, Magistrate Judge Fitzsimmons welcomes suggestions from counsel about the schedule.

Time Limitations for Trial

Prior to scheduling the trial, Magistrate Judge Fitzsimmons will seek an estimate from counsel as to the length of time necessary for the matter.

Time Limitations for Individual Examination of Witnesses

Magistrate Judge Fitzsimmons does not impose any general time limitation on the examination of a witness. Where counsel feels that an examination is excessive, the issue can be raised with the court and will be addressed at that time.

Opening Statements

As a matter of general policy, Magistrate Judge Fitzsimmons does not allow opening statements in jury trials. Typically, she asks counsel to present written statements which briefly outline the causes of action and defenses raised in the pleadings. She then reviews the parties' suggestions and finalizes an opening statement which she reads to the jury. In extraordinary circumstances, Magistrate Judge Fitzsimmons will entertain a request for opening statements as provided under the Local Rules. This is a case-by-case determination.

Closing Arguments

Generally, Magistrate Judge Fitzsimmons asks counsel to inform her of the length of their closing statements. Typically, closing statements range from a half hour to an hour. Magistrate Judge Fitzsimmons will often determine whether, given the nature of the case, the estimate proposed by counsel is reasonable under the circumstances. The length of closing statements is open for discussion.

Demonstrative Exhibits

Magistrate Judge Fitzsimmons has no per se rule against the use of demonstrative exhibits at trial. Their final use is subject to any objections and arguments raised by opposing counsel.

Moving Exhibits into Evidence

To expedite the trial, Magistrate Judge Fitzsimmons' pretrial order requests that all exhibits be pre-marked. The judge encourages counsel to stipulate in advance to the admission of non objectionable exhibits.

Pre-marking of Exhibits

Pre-marking is required under Magistrate Judge Fitzsimmons' pretrial order.

Procedural Motions and Arguments

The requirements with respect to procedural motions and arguments are covered by Magistrate Judge Fitzsimmons' pretrial order. Memoranda of law must be provided along with the parties' pretrial submission.

Objections

Magistrate Judge Fitzsimmons does not permit speaking objections from counsel. Rather, counsel should state the basis of their objection and, if necessary, further argument will be heard outside the presence of the jury during a break. Magistrate Judge Fitzsimmons is not receptive to sidebars and will permit them only under extraordinary circumstances.

Jury Profiles

Jury profiles are provided by the clerk's office just prior to jury selection.

Jury Selection

Magistrate Judge Fitzsimmons' pretrial order requires counsel to submit proposed voir dire questions to her prior to jury selection. She reviews these submissions and asks those questions she deems appropriate under the circumstances of the case. As with the majority of federal court judges in Connecticut, Magistrate Judge Fitzsimmons voir dires the entire jury pool. If necessary, counsel can approach Magistrate Judge Fitzsimmons for specific follow-up questions they believe are appropriate under the circumstances. Where the questions proposed in voir dire or the circumstances of the case require, Magistrate Judge Fitzsimmons permits jurors to come forward to the bench to state, in a more personal setting, their responses to various questions. Jury selection can typically involve more than one case or can be a "pick-and-go," depending on the court's docket.

Jurors in a Civil Case

Magistrate Judge Fitzsimmons typically utilizes eight civil jurors, including two alternates. All eight will deliberate on the verdict. Where the case is particularly lengthy in nature, Magistrate Judge Fitzsimmons will request that counsel pick more than eight jurors in the event of juror dropout due to illness or some other cause.

Juror Notebooks

Magistrate Judge Fitzsimmons permits the use of juror notebooks as long as counsel supplements the notebook with evidence only after it has been properly admitted.

Juror Notes

Magistrate Judge Fitzsimmons permits jurors to take down notes during the course of a trial. She does not permit the jurors to share those notes with other members of the panel, and specifically directs the jurors that they must rely on their recollection of the testimony as they heard it, as opposed to any notes they have written.

Jury Charge

Magistrate Judge Fitzsimmons provides a printed copy of the jury charge to the jurors for their use during deliberations. The pretrial order requires counsel to submit proposed charges and special interrogatories prior to the close of evidence. Typically, Magistrate Judge Fitzsimmons conducts a pre-charge conference the night before she is to give the charge to the jury. Magistrate Judge Fitzsimmons then conducts a final charging conference with counsel on the day of the jury charge.

Post-verdict Communication with Jurors

Post-verdict communications are covered by the District of Connecticut Local Rules of Civil Procedure. The judge often conducts an informal discussion with the jurors after their final deliberations. She then relays, to the extent she believes appropriate, any comments made that will be of particular benefit to counsel in future trials.

Motions in limine

Motions in limine are governed by Magistrate Judge Fitzsimmons' pretrial order. Memoranda must be submitted along with the parties' pretrial submissions.

Technology

Magistrate Judge Fitzsimmons is particularly fond of the use of technology in her courtroom. Counsel are required to seek permission from chambers to arrange for a courtroom set-up that is appropriate for the requested technology. Counsel are encouraged to contact chambers early to make these arrangements. When a party seeks to use new technology, the stipulation of opposing counsel is beneficial. The use of any technology is subject to the final approval of the court. Counsel Placement in Court Plaintiffs counsel is closest to the jury box in Magistrate Judge Fitzsimmons' courtroom. During the course of trial, counsel should situate themselves near an available microphone.

Miscellaneous

Magistrate Judge Fitzsimmons does not accept faxes from counsel. Faxes may only be utilized in extraordinary circumstances with advance permission of the court. Magistrate Judge Fitzsimmons also has a specific rule with respect to second chair attorneys. Any second chair attorney is required to examine at least one witness during the course of a trial. Magistrate Judge Fitzsimmons does not have any set rule regarding the identification of attorneys in large law firms during jury selection. Magistrate Judge Fitzsimmons directs counsel to use their discretion and seek the court's input for the identification of local offices only. Finally, Magistrate Judge Fitzsimmons permits individual jurors to ask questions during trial by submitting written questions to the court that are then given to the lawyers. If the questions are not objectionable and the lawyers do not ask them, Magistrate Judge Fitzsimmons will ask the questions of the witness. The other jurors will not be alerted to the fact that one of their colleagues on the jury actually posed the question.