Trial Preferences

Hours of Day for Trial

Typical trial hours are 9:30 a.m. or 10:00 a.m. to 5:00 p.m.

Days of Week for Trial

Trials are generally held five days a week.

Time Limitations for Trial

Magistrate Judge Margolis generally does not impose time limitations.

Time Limitations for Individual Examinations of Witnesses

Magistrate Judge Margolis generally does not limit individual examinations of witnesses. Her standard Pretrial Order asks counsel to estimate the anticipated length of the examinations for scheduling purposes.

Opening Statements

Upon request, Magistrate Judge Margolis does allow opening statements, consistent with the current Local Rule. Magistrate Judge Margolis does not read the pleadings. She would read a neutral statement about the case, prepared jointly by counsel.

Closing Arguments

Magistrate Judge Margolis does not have a specified limit on the length of closing arguments-she expects counsel to agree on a reasonable length. In non-jury cases, she generally permits counsel to submit post-trial briefs or a closing argument, but not both.

Demonstrative Exhibits

Parties must exchange demonstrative as well as all other exhibits and must supply copies to the court in advance of trial. For cases involving many exhibits, Magistrate Judge Margolis expects to have copies a week before trial so that she can review them in advance. If demonstrative evidence requires special equipment (e.g. videotapes), the court must be notified in advance so that logistical issues can be addressed.

Moving Exhibits into Evidence

Magistrate Judge Margolis' standing Pretrial Order requires parties to submit motions in limine before trial so that evidentiary issues can be addressed in advance of trial.

Pre-marking of Exhibits

For cases involving a significant number of exhibits, Magistrate Judge Margolis' standing Pretrial Order requires that exhibits be pre-marked.

Procedural Motions and Arguments

For issues arising during the course of the trial, Magistrate Judge Margolis typically holds argument early in the morning or at 5:00 p.m. to minimize jury inconvenience.

Objections

Magistrate Judge Margolis has no specific rules or practices related to objections.

Jury Profiles

Magistrate Judge Margolis employs the recently revised system whereby attorneys receive basic information about jurors the day before trial.

Jury Selection

Magistrate Judge Margolis uses a system that she describes as a combination of the "old" juror selection system and the newer "strike" system. She first passes out a questionnaire with general questions about the jury process and the case. She then has the jurors make a brief introductory statement, stating basic details about themselves such as where they work. At that point, Magistrate Judge Margolis asks the group of potential jurors eight to ten questions designed to eliminate obvious conflicts, such as what their schedule is, whether they know any of the attorneys or witnesses, and whether they have strong views about the issues that are the subject of the trial. After asking these questions, she calls twenty to twenty-five people into the box who have not been eliminated by the more general questions (i.e. who are theoretically able to serve), and she asks those people more detailed case-specific questions suggested by counsel. The jurors are selected from those people.

Magistrate Judge Margolis expects attorneys to identify only the other attorneys from a local office, not the entire firm.

Jurors in a Civil Case

In a trial anticipated to take only a few days, Magistrate Judge Margolis typically selects seven or eight jurors. In the case of a very long trial, she may select nine or ten. In winter season, a larger number might be selected. All jurors deliberate in civil cases. (Magistrate Judge Margolis does not preside over felony trials, and there are no jury misdemeanor trials.)

Juror Notebooks

Attorneys who wish to provide exhibits to the jurors in "juror notebooks" are permitted to do so. Additionally, in document-intensive cases, Magistrate Judge Margolis allows jurors to examine exhibits already in evidence for a few minutes before the commencement of the trial day, under the clerk's supervision.

Juror Notes

In a long case, if counsel agree, Magistrate Judge Margolis allows jurors to take notes.

Juror Charge

Pursuant to Magistrate Judge Margolis' standing Pretrial Order, counsel are required to provide her with proposed charges well in advance of the trial. On the first day of trial, Magistrate Judge Margolis gives the attorneys a rough draft of her charge, subject to refinement as the trial develops. This enables the court to focus on legal issues at the outset and allows counsel to shape the trial with the court's anticipated charge in mind. As the trial progresses, Magistrate Judge Margolis meets with counsel periodically to discuss the jury charge, which is finalized toward the close of evidence.

Post-verdict Communications with Jurors

After the trial is over, Magistrate Judge Margolis routinely speaks with jurors about the trial process and their jury experience. She does not discuss the specifics of the case and does not permit the attorneys to speak with the jurors.

Motions in limine

See "Moving Exhibits into Evidence" section.

Technology

Magistrate Judge Margolis does not have any technology available in her courtroom.

Counsel Placement in Court

Magistrate Judge Margolis does not have any requirements related to counsel placement in court.