Chambers Practices of
The Honorable Dominic J. Squatrito
Senior United States District Judge

PRETRIAL PREFERENCES

Oral Argument on Motions
Judge Squatrito rarely grants oral argument.

Referral to Magistrate Judges/Special Masters
Magistrate Judge Smith is assigned to Judge Squatrito's cases. Judge Squatrito does not refer many motions to the magistrate judge but, on occasion, Magistrate Judge Smith will handle complex discovery issues. Judge Squatrito refers FDIC, Social Security, IDEA, and truth-in lending cases to Magistrate Judge Smith, and he also refers settlement conferences to Magistrate Smith and para-judicial officers. Judge Squatrito generally refers trials to Magistrate Judge Smith upon the parties' consent.

Rulings from the Bench
Judge Squatrito rarely makes rulings from the bench. Almost all rulings are by written opinion.

26(f) Reports
Discovery is completed in most cases between eight and ten months, and the trial memorandum is due within twelve months from the inception of the case. In complex cases, a conference usually is held to determine the scheduling order for longer discovery.

Resolution by Conference Call
Conference calls are allowed at the convenience of the parties, especially when out-of-state attorneys are involved; however, complex issues usually are not discussed by telephone.

Sur-reply Briefs
The submission of sur-reply briefs is allowed.

Letter Briefs
The submission of letter briefs is not allowed.

Chambers' Copies
Judge Squatrito only requests copies of dispositive motions and trial memorandum orders.

Motions for Extension of Time
Motions for extension of time are usually granted upon reasonable request, provided the privilege is not abused.

Motions for Reconsideration
Motions for reconsideration are allowed.

Special Proceedings
See "Discovery" section.

Joint Trial Memoranda
In most cases, the trial memorandum is due twelve months after inception of a case or thirty days after a ruling on a summary judgment.

Dispositive Motions
Judge Squatrito does not hold pre-filing conferences. He holds status conferences six months after filing to discuss the case, at which time he tries to simplify issues and discuss what dispositive motions the parties intend to file. Judge Squatrito does not use the New Jersey Rule and does not plan to adopt it. He puts motions on different paths depending on whether the motion has the potential to resolve the case or deals only with limited issues. He believes that motions to dismiss, motions for summary judgment that do not dispose of all issues, motions to amend, motions for more definite statement, and motions regarding parties should be discussed amongst the parties or with the court to try to resolve them without decision on a motion. If this is not possible, the issues can be addressed in the pretrial order. If the motions raise a factual issue, Judge Squatrito will decide the motion at the close of the plaintiffs case at trial. After dispositive motions are decided and the joint trial memorandum is filed, the parties are required to attend some type of alternate dispute resolution.

Discovery
Judge Squatrito allows the parties to start discovery prior to approval of the Rule 26(f) Report. If he receives a motion to compel, he sends counsel an order instructing them to work out the dispute. If the court has to address the issue, the losing party will be sanctioned. This order resolves almost all discovery disputes and he has rarely had to impose sanctions.

Settlement
After discovery is completed, or at about eight to nine months after filing, the parties are ordered to appear before a magistrate judge or para-judicial officer to discuss settlement and the status of the case.

TRIAL PREFERENCES

Hours of Day for Trial
Trials are scheduled from 8:30 a.m. to 2:00 p.m. There are two twenty-minute breaks during the course of the day.

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

Time Limitations for Trial
Judge Squatrito takes time estimates seriously as he is very sensitive to the needs of the members of the jury.

Time Limitations for Individual Examinations of Witnesses
Judge Squatrito does not normally limit the time for examination or cross-examination of witnesses.

Opening Statements
Judge Squatrito does not allow opening statements.

Closing Arguments
Judge Squatrito usually allows one hour for closing statements, but will make exceptions depending upon the nature of the case.

Demonstrative Exhibits
Judge Squatrito requests that the proposed demonstrative exhibits be brought to the pretrial conference. He will hear objections at that time.

Moving Exhibits into Evidence
Judge Squatrito encourages stipulation with regard to exhibits. Unless objections are made at the pretrial stage, they are deemed waived. All disputes with regard to admission of exhibits should be resolved at the pretrial.

Pre-marking of Exhibits
Judge Squatrito requires that exhibits be pre-marked and exchanged in advance. He prefers the binder format and asks that the original be filed with the clerk. Eight copies should be provided for the jurors, a copy for the law clerk, a copy for the judge, a copy for the witness stand, and a copy/copies for opposing counsel.

Procedural Motions and Arguments
Judge Squatrito does not accept motions in limine, although he will allow the filing of memoranda of law on evidential issues to be submitted with the Trial Preparation Memorandum. The exception to this policy relates to a Daubert challenge. In such matters, the judge requires that his chambers be advised prior to filing a trial memorandum that there will be a Daubert issue. Judge Squatrito allows calls to his chambers to address procedural issues.

Objections
Counsel are to state their objections as succinctly as possible, without argument.

Jury Profiles
The clerk's office will make the panel members' questionnaire responses available to counsel on the morning of jury selection.

Jury Selection
Judge Squatrito normally selects juries on the first Tuesday of each month. He uses the box method with approximately twenty-two to twenty-four venirepeople, and he briefly describes the nature of the case. He has the panel review the questionnaire and then asks members of the panel the voir dire questions proposed by the lawyers. He also allows the lawyers to follow up with any specific questions. He usually allows about a twenty-minute recess during the process, and normally his jury selections take approximately two and a half hours. Juries are picked and stacked for approximately two weeks, and Judge Squatrito allows alternates to deliberate in civil matters.

Jurors in a Civil Case
Judge Squatrito usually works with eight jurors in a civil matter.

Juror Notebooks
Judge Squatrito requires counsel to provide jurors with binders containing exhibits in evidence.

Juror Notes
Jurors are allowed to take notes.

Jury Charge
Judge Squatrito provides a copy of the charge to the jury.

Post-verdict Communications with Jurors
Judge Squatrito follows Local Rule 83.5 and, as set forth in that rule, he is not inclined to allow jurors to speak concerning the vote or views of other jurors. However, Judge Squatrito would not curtail a juror's right to speak or the public's ability to inquire of a particular juror.

Motions in limine
Judge Squatrito does not allow motions in limine.

Technology
The use of any electronic presentation devices in the courtroom must be requested at the pretrial conference. The judge allows the use as long as it is beneficial to the jury. If technology is used at trial, counsel is still not excused from the preparation of exhibit notebooks for each member of the jury. If the court's television is to be used for videotapes or other similar presentations, it must be reserved at least thirty days in advance.

Counsel Placement in Court
Judge Squatrito does not require counsel to request permission to move in the courtroom, but does require them to seek the court's permission to approach a witness.

Miscellaneous
Judge Squatrito maintains that the pretrial is not for the purpose of settlement discussions. Those, presumably, should be prior to the pretrial. In the event that the jury is picked and settlement occurs, costs could be imposed on one or more of the parties for jury selection.