Chambers Practices of
The Honorable Janet Bond Arterton
United States District Judge

PRETRIAL PREFERENCES

Oral Argument on Motions
Judge Arterton determines whether to hear oral argument on a case-by-case basis, although she generally hears oral argument in bankruptcy appeals.

Referral to Magistrate Judges/Special Masters
Magistrate Judge Margolis is paired with Judge Arterton. Judge Arterton does not often refer dispositive motions to Magistrate Judge Margolis, but she does refer the majority of discovery disputes and most pre-judgment remedy hearings to her. She does not usually use magistrate judges for settlement conferences until late in the proceedings. The settlement conference with Magistrate Judge Margolis generally serves as the final settlement conference in the matter.

Judge Arterton actively uses the special masters panel.

Rulings from the Bench
Judge Arterton occasionally rules from the bench. The quality of parties' briefing affects the court's ability to rule promptly.

26(f) Reports
Judge Arterton places a great deal of emphasis on 26(f) Reports. She requires 26(f) Reports in every case and will not set scheduling orders without them. She also uses them to determine a trial-ready month, which is ordinarily about eighteen months from filing. If she has not received a Rule 26(f) Report within the time required by the rules, a notice is automatically generated by her courtroom deputy for failure to comply.

Resolution by Conference Call
Requests for temporary restraining orders or preliminary injunctions are scheduled for a telephone conference at the earliest possible opportunity to determine whether discovery is required and to encourage the parties to combine the preliminary injunction hearing with an expedited trial on the merits.

Though Magistrate Judge Margolis handles most discovery disputes, Judge Arterton will initiate a telephone resolution for those disputes that would otherwise be unreasonably delayed by formal motion procedures. Judge Arterton holds counsel to standards of professional reasonableness in objections and will impose sanctions for unreasonableness or obstruction tactics.

Sur-reply Briefs
Judge Arterton does not usually allow sur-reply briefs.

Letter Briefs
Judge Arterton does not consider letter briefs appropriate, but she does encourage letters requesting status, scheduling or settlement conferences, or correspondence referencing new cases relevant to pending motions.

Chambers' Copies
Judge Arterton requires courtesy copies of all pleadings in excess of two pages.

Motions for Extension of Time
While Judge Arterton grants reasonable extensions of time for good cause shown, she rarely grants a motion for extension of time affecting the trial-ready date. She grants continuances rarely and reluctantly. She takes the scheduling order seriously and will not grant extensions of time merely because the parties agree to such extensions. She does not, for example, consider a busy schedule the kind of good cause contemplated by the Local Rules for an extension of time.

Motions for Reconsideration
Judge Arterton accepts parties' motions for reconsideration that remain within the narrow parameters specified for reconsideration.

Special Proceedings
Judge Arterton usually refers pre-judgment remedy hearings to Magistrate Judge Margolis. Requests for temporary restraining orders or preliminary injunctions are scheduled for a telephone conference at the earliest possible opportunity to determine whether discovery is required and to encourage the parties to combine the preliminary injunction hearing with an expedited trial on the merits.

Joint Trial Memoranda
Judge Arterton uses the standard joint trial memorandum, but supplements it for bench trials. She requires detailed proposed findings of fact, conclusions of law, and voir dire on disk, with references to supporting exhibits and witnesses because she does not permit post-trial briefing. She prefers to handle objections to exhibits or witnesses prior to trial, and, if possible, rules on motions in limine at the pretrial conference.

Dispositive Motions
Judge Arterton does not permit dispositive motions until there has been a pre-filing conference. However, a motion for pre-filing conference tolls the deadline for filing.

At the pre-filing conference, the plaintiff may be permitted to amend the complaint to address issues that would otherwise be subject to a motion to dismiss. However, if the plaintiff chooses not to amend and a motion to dismiss is granted, Judge Arterton ordinarily will not grant leave to amend. If a motion to dismiss challenges jurisdiction and/or venue, Judge Arterton will schedule brief discovery for those issues at the pre-filing conference.

With respect to summary judgment motions, Judge Arterton uses the pre-filing conference to determine whether the case is appropriate for mediation before resources are expended on briefing. She also finds that the pre-filing conference discourages the filing of questionable summary judgment motions. In bench trials, she discourages the filing of separate summary judgment motions and instead encourages the parties to make their claims in the joint trial memorandum, particularly where the intended motion is only for partial summary judgment.

Discovery
Judge Arterton refers most discovery disputes to Magistrate Judge Margolis, although she will be available for emergency circumstances, such as a deposition impasse with out-of-state deponents.

Settlement
Judge Arterton does not use Magistrate Judge Margolis for settlement conferences until late in the proceedings. The settlement conference with Magistrate Judge Margolis generally serves as the final settlement conference in the matter.

TRIAL PREFERENCES

Hours of Day for Trial
Judge Arterton normally has an 9:00 a.m. to 3:00 p.m. trial day with two fifteen-minute breaks for both jury and bench trials. Motions and other matters can be heard after 3:00 p.m.

Days of Week for Trial
Judge Arterton ordinarily conducts trial five days a week, but will consider days off for a long trial.

Time Limitations for Trial
Time limitations for each side are based on what the lawyers estimate is needed for trial. Judge Arterton holds counsel to their time requests. Due to tight scheduling, Judge Arterton says the court cannot accommodate trials that go over the estimated time. Judge Arterton will time each side. Cross-examination counts for the time of the party conducting the cross.

Examinations of Witnesses
Judge Arterton does not use time limits for individual witnesses. She requires that each party have enough witnesses available to fill up the entire trial day. If both parties are going to call the same witness, ordinarily the witness will only take the stand once, with the examination by both sides conducted sequentially.

Opening Statements
Judge Arterton will allow opening statements on request, unless she believes counsel has a history of abusing the proper scope of opening statements. Motions for opening argument should be filed by the final pretrial conference. Counsel agree on the length of the opening, which is usually fifteen minutes to a half hour. She believes openings can be useful but are often not used effectively. She does not receive many requests for opening statements in either civil or criminal trials.

Closing Arguments
Judge Arterton generally limits closings in civil cases to no more than an hour, unless counsel make a convincing case that more time is needed. She will stop counsel when they reach their limit, even if they are not finished. She generally does not limit the time for closings in criminal cases, though counsel must schedule the time for closings beforehand. Judge Arterton charges the jury before closing argument. The jury is given a copy of the charge and Judge Arterton encourages counsel to incorporate the charge into the closing.

Demonstrative Exhibits
Judge Arterton requires that demonstrative exhibits be shown to opposing counsel first. Counsel can use a new demonstrative exhibit in the closing so long as counsel shows it to the other side first.

Moving Exhibits into Evidence
If the other party does not object to the exhibit in the trial management order, counsel does not have to formally move the admission of exhibits. When first using an exhibit during examination, counsel must identify the number or letter of the exhibit to preserve the record of what has been entered into evidence, by saying, for example, "Showing you Exhibit 7, to which no objection is made ...."

Pre-marking of Exhibits
Judge Arterton requires pre-marking and exchange of exhibits shortly before the final pretrial conference. She requires a tabbed bench book of all exhibits a few days before trial.

Procedural Motions and Arguments
Judge Arterton tries to handle these matters during breaks and after 2:00 p.m. She rarely has sidebars in jury cases, and will ask counsel to move onto another issue until the matter can be taken up at a break or at the end of the day.

Objections
Objections that require argument will be heard at breaks or after 2:00 p.m. Documentary objections and motions in limine should be included in or accompany the parties' joint trial memorandum.

Jury Profiles
Judge Arterton uses case-specific questionnaires in some criminal trials and in sensitive civil trials involving issues such as mental health, sexual abuse, or controversial religious and political issues.

Jury Selection
Judge Arterton uses the box method of jury selection in which jury selection is directed to a smaller group of the entire panel located in the jury box. She first canvasses the box for schedule availability. The box members then complete the juror questionnaire, which is a standard form asking general questions such as profession and prior experience with the legal system. Counsel can suggest additional questions for the questionnaire, but this is uncommon. Each box member stands and reads his or her questionnaire responses, and Judge Arterton then conducts the voir dire of that panel member. Counsel can ask for a box member to be questioned at sidebar. The court conducts the initial questioning at sidebar and counsel usually is allowed to follow up with his or her own questions. When the court is finished with the voir dire of the box, each counsel is permitted five minutes to conduct his or her own voir dire of the box. This takes place before the entire panel.

Jurors in a Civil Case
Judge Arterton usually selects eight jurors in civil cases. In a longer case, there will be more.

Juror Notebooks
Judge Arterton permits juror exhibit books but finds that the practice is becoming less common with the use of electronic presentation of documents.

Juror Notes
Jurors are allowed to take notes in every case. The court provides notebooks.

Juror Charge
Counsel are directed to submit their requests to charge on disk. The judge provides a draft of the charge at the conference based on the charges in the Trial Memorandum and any supplemental charges submitted during trial. Counsel are given a final version of the charge before it is given. The jurors are given their own copies of the charge in writing.

Post-verdict Communications with Jurors
Judge Arterton very rarely allows post-verdict communication with jurors by counsel and believes it has sewed little use the times she has permitted it.

Motions in limine
Motions in limine are submitted by counsel with the Joint Trial Memorandum.

Technology
No technology is provided in the courtroom, though use of Elmo is common. The court does have facilities to safely store electronic equipment overnight.

Counsel Placement in Court
Judge Arterton has no rules on counsel placement in the court.

Miscellaneous
Judge Arterton has a Trial Procedures and Requirements sheet discussing many of her trial practices. She uses the Standing Order Regarding Trial Memoranda in Civil Cases for the trial compliance.

When asked what aspects of trial practice she wished to bring to the attention of the lawyers appearing before her, Judge Arterton said that the lawyers who will actually try the case must appear at the final pretrial conference, or risk having the court order the lawyer who does appear to try the case.