Michael P. Shea

United States District Judge for the District of Connecticut

Staff Information

Laura Martella	Career Law Clerk	860-240-3136
Graham Lake	Law Clerk	860-240-3136
Matthew Shiroma	Law Clerk	860-240-3136
Devorah Johnson	Courtroom Deputy	860-240-3205
Martha Marshall	Court Reporter	860-214-7929

ABRAHAM RIBICOFF FEDERAL BUILDING
United States Courthouse
450 Main Street - Room 217
Hartford, Connecticut 06103

Driving Directions

Location: North Courtroom

Chamber's Telephone	860-240-3136
Clerk's Office Telephone	860-240-3200
Clerk's Office Fax	860-240-3211

Judge Tabs

Pretrial Preferences

Oral Arguments on Motions

Judge Shea will often hear oral arguments on dispositive motions, especially when, after a review of the papers, he is left with questions or concerns that counsel may be able to resolve through argument. He will typically hear oral argument on non-dispositive motions only when an argument will materially advance the progress of the case.

Referral to Magistrate Judges/Special Masters

Magistrate Judge Garfinkel is paired with Judge Shea. Judge Shea usually decides motions himself, although he may refer motions to Judge Garfinkel depending upon the respective judges' past involvement in the matter and competing time commitments. Once referred, matters may be referred back if these factors change over time. Judge Shea will refer settlement conferences to Magistrate Judge Garfinkel or to the special maters program.

Rulings from the Bench

Judge Shea often rules from the bench, even on dispositive motions.

26(f) Reports

Provided counsel are responsible and efficient in the selection of deadlines for the completion of discovery and the filing of dispositive motions, the 26(f) Report will usually serve as the basis for the initial scheduling order in the case. The report should provide the court with a meaningful overview of the case and should serve as a vehicle for the parties to consider the narrowing of claims and the possiblitity of settlement. Judge Shea independently determines whether a scheduling conference with the Court is necessary, but he will take into account whether the parties have requested a scheduling conference in their 26(f) Report.

Resolution by Conference Call

Judge Shea prefers that counsel refrain from making ex parte telephone calls to chambers, except to request a settlement conference. Whenever a telephone call to chambers is necessary, counsel for all parties should be on the line.

Judge Shea will attempt to resolve discovery disputes by conference call, and does not permit the filing of discovery motions or briefs before the call. Please refer to Judge Shea's Order on Discovery for further guidance.

Judge Shea also requires counsel to participate in conference calls, often on short notice, when he believes that a prompt communication will facilitate scheduling or otherwise advance the progress of a case.

Sur-reply Briefs

Judge Shea believes that sur-reply briefs are rarely necessary, even in complex cases. He expects that all subsequent briefing will be accompanied by a motion for permission to file.

Letter Briefs

Judge Shea does not favor letter briefs. He prefers that formal motion be filed. If a lawyer wants to call the court's attention to new authority, he or she should file a notice of supplemental authority with the clerk. In circumstances where counsel has a legitimate need for immediate attention to a motion, the motion should be filed with the clerk, with a copy to chambers accompanied by a brief cover letter explaining the need for immediate attention.

Chambers' Copies

Unless otherwise ordered, on the business day following the day on which a document is filed electronically, counsel must provide chambers with one paper copy of the following e-filed documents. including all exhibits and attachments:

Applications for temporary restraining orders, preliminary injunctions or prejudgement remedies, including all memoranda of law and all exhibits;
Dispositive motions, memoranda in support, briefs in opposition, and replies;
Proposed voir dire and jury instructions;
Compliance with Pretrial Orders;
Trial briefs, including proposed findings of fact and conclusions of law and all exhibits; and
Any other filing that is in excess of 15 pages;

Please ensure that chambers' copies are properly bound and tabbed.

Motion for Extension of Time

Motions to extend time should comply with Local Rule 7(b). If counsel requires an expedited decision on a motion to extend time, he or she must supply Judge Shea's chambers with a courtesy copy of the motion and a cover letter explaining the need for an expedited decision.

Special Proceedings

Judge Shea will not grant ex parte relief on motions for temporary restraining orders unless the movant can demostrate extraordinary circumstances. When a party seeks ex parte relief, Judge Shea will usually ask that party's attorney to try to reach the opposing party or its counsel by telephone.Motions for preliminary injunctions are scheduled for a telephone conference at an early opportunity to determine whether discovery is required and to encourage the parties to combine the preliminary injunction hearing with a trial on the merits.

Joint Trial Memoranda

Please refer to Judge Shea's Joint Trial Memorandum Instructions. The deadline for filing the Joint Trial Memorandum may be postponed, upon motion, if the parties are engaged in serious settlement discussions.

Lawyer Affidavits

Lawyer affidavits are not necessary to identify exhibits and deposition transcripts submitted in connection with dispositive motions. Lawyer affidavits are rarely accepted as evidence on disputed issues of fact other than attorneys' fees issues.

Dispositive Motions

Judge Shea currently has no individualized rules or procedures concerning dispositive motions. Pre-filing conferences are not required.

Discovery

Judge Shea will attempt to resolve discovery disputes by conference call whenever possible. Please refer to Judge Shea's Order on Discovery for further guidance. Judge Shea decides most discovery disputes himself, but may refer others to Magistrate Judge Garfinkel.

Settlement

Judge Shea will schedule a settlement conference whenever either party requests it or when it otherwise appears beneficial. Any counsel for a party may telephone chambers to request a settlement conference at any time. Judge Shea refers settlement conference to Magistrate Judge Garfinkel or to the special masters program.

Trial Preferences

Trial Preferences

Hours of Day for Trial

Judge Shea’s typical trial day lasts from 9:00 a.m. to 3:00 p.m., with a forty-five-minute lunch break and a fifteen minute break in the morning. He may ask the lawyers to report at 8:30 a.m. or earlier, or to stay after 3:00 p.m., as necessary to deal with objections and procedural matters.

Days of Week for Trial

Judge Shea ordinarily conducts trial five days a week. In long trials there will be occasional days off.

Time Limitations for Trial

Judge Shea typically does not impose time limitations. He works with the attorneys to develop a reasonable estimate for the time required for a trial and schedules the trial accordingly.

Witnesses

Judge Shea generally does not limit individual examinations of witnesses. Counsel have the obligation to ensure that sufficient witnesses are available to testify to fill completely each trial day. Ordinarily, witnesses are not referred to by their first names on the stand. If a witness is to be called by both sides, ordinarily the witness will be on the stand only once, with examination by both sides conducted sequentially.

Opening Statements

Judge Shea permits opening statements in civil cases. They may not be argumentative and must be limited to what the evidence will show. They are typically required to be very short, i.e., five minutes or less.

Closing Arguments

Judge Shea generally allows closing statements of thirty minutes, although some additional time may be allowed for very complicated cases.

Demonstrative Exhibits

Judge Shea brings up the subject of demonstrative exhibits at the pretrial conference and encourages counsel to exchange demonstrative exhibits early so that any objections can be taken up well before counsel tries to use the exhibits at trial. Demonstrative evidence may not be used during closing argument unless it has been marked as an exhibit or has been shared with the other parties at least one day before closing.

Moving Exhibits into Evidence

Under Judge Shea’s Joint Trial Memorandum Instructions, proposed exhibits are to be pre-marked and exchanged at least seven days prior to submission of the Joint Trial Memorandum, with objections to be stated in the Joint Trial Memorandum. Memoranda addressing evidentiary issues are to be filed with the Joint Trial Memorandum. Exhibits not listed will not be admitted at trial, except for good cause shown and except for any exhibits admitted solely for impeachment purposes; and objections not made in this manner will likely be deemed waived absent a showing of excusable neglect or extreme prejudice. For further guidance, see Judge Shea’s Joint Trial Memorandum Instructions.

Pre-marking of Exhibits

See "Moving Exhibits into Evidence" section.

Procedural Motions and Arguments

Judge Shea’s Joint Trial Memorandum Instructions require motions in limine to be filed with the Joint Trial Memorandum. Because of this, he deals with many of these motions at pretrial conferences or at oral argument before trial. Nonetheless, should additional issues arise at trial, Judge Shea expects counsel to alert him to potential problem areas in advance whenever possible. He hears argument on such matters before the commencement of the trial day or during breaks. Judge Shea rarely permits sidebars and rarely excuses the jury to entertain motions or objections.

Objections

Counsel are to state their objections in as few words as possible, without argument, in the presence of the jury, unless Judge Shea asks for more detail.

Jury Profiles

Attorneys receive basic information about jurors the day before trial.

Jury Selection

Judge Shea uses the strike method in civil cases. The computer randomly selects the order of jurors to be chosen for questioning. Judge Shea calls the number of jurors required for a complete panel in the case plus the number of jurors to be stricken. Those people are seated in the jury box and he questions them generally. He may ask case-specific questions that have been requested by the attorneys, to the extent that he determines that the questions are appropriate. Then each venireperson may be asked a few questions about himself or herself. If one of the attorneys requests follow-up with any venireperson, that person may be questioned further at sidebar and attorneys may ask additional questions if necessary. At this point, each party exercises any desired strikes.

Jurors in a Civil Case

The number of jurors selected in a civil case depends on the expected length of the case. At least seven will be selected, and usually eight.

Juror Notebooks

Judge Shea allows counsel to provide the jurors with binders containing exhibits that are in evidence.

Juror Notes

The court permits note taking by jurors and supplies notebooks for juror use.

Juror Charge

Judge Shea's Joint Trial Memorandum Instructions require proposed charges to be submitted. He prepares a draft of the charge, provides it to counsel before the trial, and holds a charge conference a day or two before giving the charge. Judge Shea charges the jury before closing arguments. He spends a few minutes after the closings to give the jurors some additional information about logistical matters so that there is a buffer between the arguments and deliberations.

Post-verdict Communications with Jurors

Judge Shea does not permit lawyers to communicate with jurors, but he routinely speaks with jurors after the trial is over.

Motions in Limine

See Judge Shea’s Joint Trial Memorandum Instructions and the "Procedural Motions and Arguments" section, above.

Technology

The use of overhead projectors, transparencies, Elmo, etc., is routine.

Counsel Placement in Court

Judge Shea does not require counsel to request permission to approach a witness or hand up documents. Attorneys are typically required to stand at a podium while questioning witnesses, though they are permitted to approach the witness as necessary.

Miscellaneous

Judge Shea expects re-direct examination to be brief and limited to new issues arising out of cross examination. He rarely allows re-cross examination.

Judge Shea prefers to deal with issues in advance of and outside the evidence presentation of the trial day. He encourages attorneys to raise issues requiring his attention as far in advance as possible so that they can be dealt with at the beginning or end of the trial day or during a break.

Orders and Instructions

Orders and Instructions:

District of Connecticut

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