Chambers Practices of
The Honorable Alfred V. Covello
Senior United States District Judge

PRETRIAL PREFERENCES

Oral Argument on Motions
Judge Covello has no formal procedure for oral argument, and he does not typically find it necessary.

Referral to Magistrate Judges/Special Masters
Magistrate Judge Smith is assigned to Judge Covello's cases. Judge Covello will refer a matter to the magistrate judge for mediation and, when appropriate, for trial.

Rulings from the Bench
Judge Covello rarely rules on motions from the bench; he prefers to issue written rulings.

26(f) Reports
Judge Covello follows the form promulgated by the Local Rules. He prefers that the discovery period close within six months of the filing of the complaint. Unless the deadlines set forth in the report are unreasonable, he will defer to counsel's judgment in the management of their case. With regard to motions to extend these deadlines, Judge Covello will grant such motions where the parties show good cause.

Resolution by Conference Call
Judge Covello encourages resolution by conference call, and will assist the parties in the resolution of any dispute that impedes the progression of the case. His practice is to have counsel call his chambers to set up a conference call. He usually handles these conference calls off the record.

Sur-reply Briefs
Parties are free to file a motion with respect to filing a sur-reply, keeping in mind that such filings may only address issues newly raised in the reply memorandum.

Letter Briefs
Judge Covello prefers formal pleadings.

Chambers' Copies
Judge Covello does not believe that chambers' copies of motion papers are generally helpful except for the joint trial memorandum. Under the new procedures for electronic filing, however, attorneys should file chambers copies of documents that are 15 pages or more.

Motions for Extension of Time
When filing motions for extension of time, counsel should include a date certain to which they seek and extension. Judge Covello believes that counsel should be responsible for the timely progression of their cases.

Motions for Reconsideration
Judge Covello typically grants motions for reconsideration and fully examines the merits of such motions. However, Judge Covello rarely changes his original decision.

Special Proceedings
Judge Covello generally turns expedited matters and emergency motions into orders to show cause. Counsel are well advised, therefore, to append to their papers a draft order to show cause.

Joint Trial Memoranda
Judge Covello issues a scheduling order after the parties file their parties planning report in accordance with Federal Rule of Civil Procedure 26(f). Based upon the scheduling order, the parties must file their joint trial memorandum by the date set forth in the order and in accordance with the applicable local rules.

Lawyer Affidavits
Judge Covello does not believe that lawyer affidavits identifying documents are necessary.

Dispositive Motions
Judge Covello does not believe in pre-filing conferences and does not normally schedule oral argument.

Discovery
Judge Covello has no special procedure for dealing with discovery motions. If he believes that the parties are not cooperating, he may set the matter down for trial. He usually denies motions to stay discovery pending decision on a dispositive motion. If there is a specific reason to stay discovery, he will consider it if it is tied to a specific date.

Settlement
Judge Covello will refer matters to Magistrate Judge Smith for mediation.

TRIAL PREFERENCES

Hours of Day for Trial
Trials are scheduled from 10:00 a.m. to 5:00 p.m. with a break at 11:OO a.m. for fifteen to twenty minutes. Lunch is from 1:00 p.m. to 2:00 p.m. There is a break at 3:00 p.m. for fifteen to twenty minutes. Judge Covello will alter the hours by request.

Days of Week for Trial
Trials are held Monday through Friday.

Time Limitations for Trial
Judge Covello does ask that the joint trial memorandum contain an estimate of the number of trial days required.

Opening Statements
Judge Covello allows opening statements. In general, he expects them to be around five to ten minutes in length.

Closing Arguments
To ensure that equal time is allotted, Judge Covello usually asks counsel about the length of their closing statements at the charging conference. In general, they run thirty minutes to an hour.

Demonstrative Exhibits
Judge Covello has not placed limits on the use of demonstrative exhibits. Counsel should contact Steve Watkins 860-240-3769 regarding use of IT equipment in the courtroom. Judge Covello urges counsel to be sure to tape down cords and to exercise caution with equipment.

Moving Exhibits into Evidence
A list of all exhibits, including a brief description of their contents, should be included in the trial memorandum. Exhibits not listed, except those used in rebuttal or for impeachment, will ordinarily not be admissible at trial except for good cause shown. Exhibits should be marked numerically for the plaintiff and the defendant with exhibit tags to be provided by the clerk's office. Copies of the actual exhibits should be exchanged no later than fourteen days prior to trial and the original set of exhibits should be submitted to Courtroom Deputy Fidelis Basile on the day of trial. Objection to the admissibility of any exhibit, other than on the grounds of relevance, should be filed with the court, in writing, together with a memorandum of authorities in support of the objection, within three days prior to the trial. If no objection is made, the exhibit may be admitted without further offer. A final exhibit list and witness list with the original exhibits should be provided to Fidelis Basile on the day of trial.

Jury Profiles
Information collected from the qualifying questionnaire sent to potential jurors is available up to three weeks before jury selection; this is printed as a bio report on the day the summons are sent out to the potential jurors. This information is limited to race, gender, and education levels. More detailed information regarding individuals' residence, employment, spouse, etc., can be picked up on the day of jury selection; it is printed only for the individuals who actually appear. Questions regarding jury profiles are referred to Maria Carpenter, Jury Administrator 860- 240-3208.

Jury Selection
Jury selection usually begins around 10:OO a.m. and wraps up by 1:00 or 1:30 p.m. Jury selection begins with a group of up to seventy people, depending upon the number of jurors being empanelled, who have been randomly placed in numerical order by the computer system. They sit in order according to their number, and both counsel and Judge Covello have a complete list. Judge Covello addresses the entire group; he does not use the box system. He asks voir dire questions submitted by counsel. The judge then consults with counsel and strikes those jurors that are excused for cause. He then works against the appropriate number of people from the top of the list for peremptory challenges.

Jurors in a Civil Case
There are no alternates in civil trials. Judge Covello empanels 8 jurors.

Juror Notebooks
The court provides all jurors with notebooks.

Juror Notes
Judge Covello encourages jurors both to take notes and to ask questions. They are told that if they have a question about witness testimony, they may write the question down and hold the paper up in the air; however, they are warned that there may not be an answer to their questions for either factual or legal reasons. When a juror has a question, Judge Covello will show it to counsel and, provided it is not objectionable, read it to the witness. Usually there are only two or three juror questions in a trial and they tend to be concentrated at the beginning.

Jury Charge
A copy of the charge is provided to the jurors when they commence their deliberations; Judge Covello tells jurors that they will receive a copy of the charge.

Post-verdict Communications with Jurors
Judge Covello has no policy on post-verdict communications with jurors and has not been confronted with any requests or complaints.

Motions in Limine
Judge Covello feels that he usually needs additional information and context to rule properly on motions in limine. He typically denies them without prejudice, subject to them being raised again at the time of trial. When the motion pertains to witness testimony, he usually allows the testimony to go forward and then instructs the jury to disregard it if it is inadmissible. In the case of sensitive issues such as sexual harassment, he may first hear the testimony out of the presence of the jury. It is unusual for him to hold an evidentiary hearing on a motion in limine.

Technology
Although an Elmo-style projector is available, Judge Covello thinks it is not ideal, as it does not hold 8 1/12 x 11 paper, and requires counsel to move the images on the projector. He finds that using a CD to project the images off a computer works better. Counsel should contact Steve Watkins regarding use of IT equipment in the courtroom.

Counsel Placement in Court
Judge Covello does not have rules on the position of counsel during questioning. He usually advises counsel about the specifics of his courtroom and suggests that they use one of the microphones, either at the tables or the podium; if they are not at a microphone and it is causing difficulty, he will ask counsel to move to one. He also notes that his courtroom is quite large, and going back and forth from the witness box and the tables can be time consuming for document-intensive examinations. He recommends having a set of copies in the box if a witness will be asked to look at a number of documents. He has occasionally had an intern act as a runner to bring documents back and forth.

Settlement Discussions
Judge Covello frequently calls upon magistrates or arbiters who have worked on pretrial settlement discussions, although he sometimes gets involved himself.

Questions from the Bench
In courtside trials, Judge Covello will frequently ask questions; in jury trials he tends to be more circumspect.