Trial Preferences

Hours of Day for Trial

Magistrate Judge Garfinkel normally conducts trials from 10:00 a.m. to 5:00 p.m. Lunch is generally from 1:00 p.m. to 2:00 p.m. He also takes a short mid-morning break and mid- afternoon break.

Days of Week for Trial

Magistrate Judge Garfinkel holds trial Monday through Friday.

Time Limitations for Trial

Magistrate Judge Garfinkel imposes no fixed time limitations for trial.

Time Limitations for Individual Examinations of Witnesses

Magistrate Judge Garfinkel does not impose any time limitations for individual examination of witnesses.

Opening Statements

Magistrate Judge Garfinkel always permits opening statements in both jury and bench trials. Magistrate Judge Garfinkel does not impose set time limits on opening statements but does discuss the anticipated length of the opening statements with counsel in advance. Magistrate Judge Garfinkel does permit objections during opening statements, although they are disfavored and should be used sparingly.

Closing Arguments

Magistrate Judge Garfinkel always permits closing arguments. While he does not impose timelimits on closing statements, he does discuss the anticipated length of closing statements with counsel in advance. The party with the burden of proof may reserve part of his or her time for rebuttal. Once again, objections are permitted but disfavored. Magistrate Judge Garfinkel gives copies of the jury charge and verdict form to counsel in advance of their closing arguments and permits them to refer to the charge in their arguments.

Demonstrative Exhibits

Magistrate Judge Garfinkel permits demonstrative exhibits but does not allow them to go to the jury except by agreement of counsel.

Moving Exhibits into Evidence

Magistrate Judge Garfinkel requires the exchange of pre-marked exhibits prior to trial. Counsel should attempt to stipulate to the admissibility of exhibits. In an effort to make the trial run as smoothly as possible, at the start of trial the Judge usually admits all exhibits to which there is no objection into evidence as full exhibits. To the extent that there are objections to the admissibility of an exhibit, those objections should be addressed prior to trial if at all possible.

Pre-marking of Exhibits

All exhibits must be pre-marked. Plaintiff’s exhibits should begin with the number “1” and Defendant’s exhibits with the number “500.” Counsel are encouraged to attempt to avoid duplication of exhibits. All original exhibits should be provided to the courtroom deputy. Counsel should also prepare a notebook containing all proposed exhibits for the Judge and another notebook for his law clerk. Exhibits in the notebooks should be tabbed for ease of reference. Additionally, counsel should have at least one additional copy of each exhibit for the witness.

Procedural Motions and Arguments

Magistrate Judge Garfinkel conducts hearings on procedural motions outside of the presence of the jury, usually either before or after court. Magistrate Judge Garfinkel discourages sidebar conferences and conducts them as little as possible.

Objections

Magistrate Judge Garfinkel requires a short, stated reason for an objection, but does not permit speaking objections. He is generally looking for one or two words as the basis for the objection.

Jury Profiles

Jury profiles are provided to counsel by the Clerk’s Office just prior to jury selection.

Jury Selection

In civil cases, Magistrate Judge Garfinkel usually selects eight jurors, although more may be selected in a particularly lengthy trial. All are full jurors with no alternates. Proposed voir dire questions are to be submitted in advance as part of the joint trial memorandum. Magistrate Judge Garfinkel will ask those questions he deems appropriate. Magistrate Judge Garfinkel conducts the voir dire himself but permits follow-up questions by counsel if proposed to him at sidebar. Magistrate Judge Garfinkel addresses the voir dire questions to sixteen members selected at random from the jury pool, who will be seated in the jury box. As potential jurors are excused for cause, they will be replaced by additional members from the venire. Potential jurors will also receive a short questionnaire about themselves, their family, employment, prior jury service, etc. The potentials jurors in the jury box will provide oral responses to these questions. If a particularly sensitive matter needs to be addressed with a potential juror, that will be done at sidebar. Challenges for cause are also conducted at sidebar. Magistrate Judge Garfinkel uses the strike method for peremptory challenges, with each side generally getting four challenges. Magistrate Judge Garfinkel permits lawyers to serve on a jury.

Preliminary Charge

Magistrate Judge Garfinkel usually gives a brief opening statement about the case and the law so that the jurors may better understand the issues in the case.

Juror Notebooks

Magistrate Judge Garfinkel encourages counsel to provide full exhibits to jurors in notebooks so that they may refer to the exhibits when needed.

Juror Notes

Magistrate Judge Garfinkel permits jurors to take notes but does not allow them to ask questions. He does not permit the jurors to share their notes with other jurors, and specifically instructs 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 Garfinkel requires counsel to submit proposed jury instructions and a proposed verdict form with the joint trial memorandum. He believes jury instructions are a facet of trial to which counsel should devote greater attention than they often do. In preparing instructions, counsel are asked to focus on the substantive legal issues in the case. They need not submit instructions on routine or standard portions of the charge for which the Judge has already developed appropriate instructional language. Magistrate Judge Garfinkel provides a printed copy of the jury charge to the jurors for their use during deliberations. Magistrate Judge Garfinkel will conduct a pre-charge conference before giving the charge to the jury and will provide counsel with a copy of the final charge before their closing arguments.

Post-verdict Communications with Jurors

Magistrate Judge Garfinkel does not permit direct communication by the lawyers with the jurors, but he does speak informally with the jurors himself after the case and will pass along comments to counsel that he deems appropriate and that may be of benefit to counsel in future trials.

Motions in Limine

Magistrate Judge Garfinkel encourages the parties to submit motions in limine and to resolve as many issues as possible prior to trial. He generally requires motions in limine to be submitted with the joint trial memorandum and, if they are not, the party must explain why and demonstrate that no undue prejudice has resulted.

Technology

Magistrate Judge Garfinkel encourages the use of new technology in his 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

Magistrate Judge Garfinkel generally places the party with the burden of proof closer to the jury. He discourages colloquy between counsel and requires them to address their comments to the court. Magistrate Judge Garfinkel prefers that counsel request permission before approaching the bench or a witness; however, permission will almost always be granted. Absent some physical infirmity, he generally requires counsel to stand to raise objections. He disfavors mid-question objections but understands that in certain instances they are necessary. He permits lawyers to conduct examinations of witnesses from whatever position in the courtroom they feel most comfortable.

Miscellaneous

Magistrate Judge Garfinkel's procedures are generally the same in bench trials as jury trials. However, he asks more questions in bench trials. In bench trials, he encourages offers of proof and stipulations of facts. In general, he has few rules, and any rules he does have are subject to modification at the request of counsel. In a bench trial, he may require the parties to submit proposed findings of fact and conclusions of law either prior to or after the trial. Magistrate Judge Garfinkel accepts faxes and emails and attempts to take conference calls wherever possible to resolve discovery disputes and the like. He discourages discovery motions and prefers prompt informal resolution of disputes.