Trial Preferences

Hours of Day for Trial

Trials are scheduled from 9:00 a.m. to 5:00 p.m. with fifteen-minute breaks at 11:30 a.m. and 3:30 p.m. and a one-hour lunch break from 1:00 p.m. to 2:00 p.m.

Days of Week for Trial

Trials are held Monday through Friday.

Time Limitations for Trial

Magistrate Judge Smith generally does not impose time limitations, but he will look at the trial memorandum and, if it appears that counsel are asking for too much time, he will talk about it with them during the pretrial conference.

Time Limitations for Individual Examinations of Witnesses

Magistrate Judge Smith does not impose time limits for witnesses.

Opening Statements

Magistrate Judge Smith strongly discourages opening statements, but he does not prohibit counsel from making them. Issues involving opening statements, including the time allowed, are addressed in the pretrial conference.

Closing Arguments

Magistrate Judge Smith favors brevity in closing arguments, but he does not place any time limitations on counsel.

Demonstrative Exhibits

Demonstrative exhibits must be pre-marked for identification along with all other exhibits. Magistrate Judge Smith expects that by the time of trial counsel will have made a good faith effort to resolve any objections to these exhibits or that, failing a resolution, objections are brought to his attention at the pretrial conference. In any event, the use of any demonstrative exhibit 'at trial will be governed by the Rules of Evidence.

Moving Exhibits into Evidence

All exhibits must be pre-marked prior to commencement of the trial. Magistrate Judge Smith expects counsel, at the appropriate time in the course of the trial, to move for the admission into evidence of the exhibits.

Pre-marking of Exhibits

Magistrate Judge Smith requires that counsel pre-mark all exhibits and submit them to him in binders at least three days before trial. If the parties need assistance in pre-marking exhibits, they are urged to contact the judge's Courtroom Deputy, Ms. Barbara Sunbury.

Procedural Motions and Arguments

Magistrate Judge Smith is very conscious of the imposition on the jury brought about by delays in the presentation of evidence. He expects that all foreseeable issues will be addressed by the parties in the trial memorandum and at the pretrial conference. He is loath to interrupt the jury's time and therefore prefers to handle all motions or arguments at the beginning or end of the day or during one of the breaks. Magistrate Judge Smith does not like speaking objections. He expects counsel to state their objections succinctly by reference to the particular Rule of Evidence relied upon (either by number or subject-matter topic).

Jury Profiles

Magistrate Judge Smith believes that adequate information can be obtained about the jurors during the jury selection process but he will not chastise anyone for using other lawful means to obtain information about potential jurors.

Jury Selection

The parties submit proposed questions to be asked of the jury panel and Magistrate Judge Smith uses these questions, together with his own, to assemble a list of questions for the panel. First, the judge reads a short list of questions intended to qualify the entire pool with respect to general matters, such as the scheduling and length of the trial. The judge then fills the jury box with enough potential jurors for the final jury (accounting for alternates and the total number of peremptory challenges), and asks those jurors the case-specific questions, with appropriate follow up. He then allows counsel to engage in a brief individual voir dire, if counsel desire to do so.

At the conclusion of the voir dire, Magistrate Judge Smith confers with counsel at the sidebar to determine whether there are any for-cause challenges. Once Magistrate Judge Smith has ruled on these requests, he generally gives counsel time to decide how they want to exercise their peremptory challenges. Magistrate Judge Smith then goes through the peremptory challenges with counsel and the final panel is struck.

Jurors in a Civil Case

Magistrate Judge Smith typically seats a jury of six with two alternates. At the conclusion of the evidence, the judge inquires whether the parties wish to keep all of the jurors and remaining alternates as the jury.

Juror Notebooks

Magistrate Judge Smith does not allow counsel to provide the jurors with notebooks of exhibits.

Juror Notes

Magistrate Judge Smith allows jurors to take notes in every case and provides each juror with a notebook.

Jury Charge

Magistrate Judge Smith expects counsel to submit their proposed requests to charge with the joint trial memorandum. He also encourages counsel to submit more detailed, supplemental requests to charge as the evidence is developed. At the conclusion of the evidence, Magistrate Judge Smith holds a charging conference on the record and rules on the requests that have been submitted. He then provides a copy of his charge in writing to counsel and asks them to review the charge and state any final objections. The charge is then given to the jury, and a copy of the charge is provided to the jury to consult during its deliberations.

Post-verdict Communications with Jurors

Magistrate Judge Smith does not have any post-verdict communications with the jury other than communication in court and on the record. Magistrate Judge Smith has never had an instance where counsel have asked to communicate with the jury. He would not recommend that jurors speak with the attorneys in a case, and discourages attorneys from attempting to contact jurors.

Motions in limine

Magistrate Judge Smith recognizes that some evidentiary issues cannot be addressed until they arise in context at the trial. However, he expects that all issues that can be ruled on in advance of trial are briefed by the parties in connection with the submission of the trial memorandum and that the parties identify in the trial memorandum all evidentiary issues that they anticipate. All matters that can be resolved prior to trial (e.g., Daubert motions) will be resolved before the commencement of the trial.

Technology

Magistrate Judge Smith generally allows the parties to use whatever technology they want in the courtroom--with the caveat that the overuse of such technology often is detrimental to the offering Party.  For questions related to courtroom technology, contact The Solution Center at helpdesk@ctd.uscourts.gov or Barbara Sunbury at (860) 240-3766. Requests for courtroom technology must be submitted via the Courtroom Technology Request Form.

Counsel Placement in Court

Magistrate Judge Smith allows counsel to move freely around the courtroom.

Miscellaneous

Magistrate Judge Smith believes that civility is the key to efficiency in court proceedings. The judge understands that trial can be a frustrating process for the lawyers, but he expects counsel to remain civil at all times.

Magistrate Judge Smith does not appreciate speaking objections or offers to stipulate made in front of the jury. He also does not appreciate colloquy between counsel at any stage of the trial or pretrial proceedings.

During bench trials, Magistrate Judge Smith routinely asks questions after counsel have finished their questioning if there is additional information he feels he needs. He rarely asks questions in jury cases.