Chambers Practices of
The Honorable Joan G. Margolis
United States Magistrate Judge

Magistrate Judge Margolis is paired with Judges Arterton, Dorsey, and Burns.

PRETRIAL PREFERENCES

Oral Argument on Motions
Magistrate Judge Margolis rarely hears oral argument and will only grant it when she believes it is necessary. She does not have a motion day and almost never hears oral argument on substantive motions.

Referral to Magistrate Judges/Special Masters
Not applicable.

Resolution by Conference Call
Magistrate Judge Margolis often tries to resolve discovery problems by telephone conference. She almost never takes telephone calls from a deposition and will only do so in the most extenuating of circumstances.

Letter Briefs
Magistrate Judge Margolis only considers letter briefs on discovery motions, as a method to resolve discovery disputes prior to telephonic discovery conferences. If the discovery dispute is not resolved during a telephonic discovery conference, she always gives counsel the opportunity to file formal motions and briefs if they wish.

Chambers' Copies
In light of CM/ECF, Magistrate Judge Margolis requires chambers' copies only in cases referred to her for discovery, or where time is of the essence. In cases where courtesy copies are ordered, the attached order is sent to all parties as soon as a case is assigned to her.

Motions for Extension of Time
Magistrate Judge Margolis usually grants motions for extensions of time unless there is a compelling reason not to or one of the parties has abused the privilege of making such requests.

Special Proceedings
Unless time is of the essence, Magistrate Judge Margolis attempts to contact both parties by telephone and set a schedule so that there will be enough discovery to permit a meaningful hearing; she does not favor parties attempting to conduct discovery at these types of hearings.

Joint Trial Memoranda
Magistrate Judge Margolis has her own joint trial memorandum based upon the standard joint trial memorandum. She uses different joint trial memoranda for bench trials and jury trials.

Dispositive Motions
Magistrate Judge Margolis does not conduct pre-filing conferences for any type of motion.

Discovery
When matters become acrimonious, Magistrate Judge Margolis issues an order requesting that the parties contact her as soon as possible and send her letters (not to exceed three pages) summarizing the discovery issues in dispute. She then tries to resolve the matters by telephone conference. Telephone conferences are not on the record, but she generates a memorandum reflecting what occurred during the conference and dockets it and serves it on the parties shortly thereafter. She almost never takes telephone calls from a deposition and will only do so in the most extenuating of circumstances.

Settlement
Magistrate Judge Margolis prefers to have clients present for settlement conferences but will allow the client to be available by telephone. She schedules more than one conference when necessary. She also accepts, but does not require, ex parte pre-hearing submissions and occasionally asks for deposition transcripts. It is also her practice to recommend a settlement figure after she has listened to the parties. She will not meet with the clients without the lawyers present.

Magistrate Judge Margolis has also conducted two summary jury trials and feels they are only appropriate in very large cases.

TRIAL PREFERENCES

Hours of Day for Trial
Typical trial hours are 9:30 a.m. or 10:OO a.m. to 5:00 p.m.

Days of Week for Trial
Trials are generally held five days a week.

Time Limitations for Trial
Magistrate Judge Margolis generally does not impose time limitations.

Time Limitations for Individual Examinations of Witnesses
Magistrate Judge Margolis generally does not limit individual examinations of witnesses. Her standard Pretrial Order asks counsel to estimate the anticipated length of the examinations for scheduling purposes.

Opening Statements
Magistrate Judge Margolis generally does not allow opening statements, consistent with the current Local Rule. Magistrate Judge Margolis does not read the pleadings. She would read a neutral statement about the case, prepared jointly by counsel.

Closing Arguments
Magistrate Judge Margolis does not have a specified limit on the length of closing arguments-she expects counsel to agree on a reasonable length. In non-jury cases, she generally permits counsel to submit post-trial briefs or a closing argument, but not both.

Demonstrative Exhibits
Parties must exchange demonstrative as well as all other exhibits and must supply copies to the court in advance of trial. For cases involving many exhibits, Magistrate Judge Margolis expects to have copies a week before trial so that she can review them in advance. If demonstrative evidence requires special equipment (e.g. videotapes), the court must be notified in advance so that logistical issues can be addressed.

Moving Exhibits into Evidence
Magistrate Judge Margolis' standing Pretrial Order requires parties to submit motions in limine before trial so that evidentiary issues can be addressed in advance of trial.

Pre-marking of Exhibits
For cases involving a significant number of exhibits, Magistrate Judge Margolis' standing Pretrial Order requires that exhibits be pre-marked.

Procedural Motions and Arguments
For issues arising during the course of the trial, Magistrate Judge Margolis typically holds argument early in the morning or at 5:00 p.m. to minimize jury inconvenience.

Objections
Magistrate Judge Margolis has no specific rules or practices related to objections.

Jury Profiles
Magistrate Judge Margolis employs the recently revised system whereby attorneys receive basic information about jurors the day before trial.

Jury Selection
Magistrate Judge Margolis uses a system that she describes as a combination of the "old" juror selection system and the newer "strike" system. She first passes out a questionnaire with general questions about the jury process and the case. She then has the jurors make a brief introductory statement, stating basic details about themselves such as where they work. At that point, Magistrate Judge Margolis asks the group of potential jurors eight to ten questions designed to eliminate obvious conflicts, such as what their schedule is, whether they know any of the attorneys or witnesses, and whether they have strong views about the issues that are the subject of the trial. After asking these questions, she calls twenty to twenty-five people into the box who have not been eliminated by the more general questions (i.e. who are theoretically able to serve), and she asks those people more detailed case-specific questions suggested by counsel. The jurors are selected from those people.

Magistrate Judge Margolis expects attorneys to identify only the other attorneys from a local office, not the entire firm.

Jurors in a Civil Case
In a trial anticipated to take only a few days, Magistrate Judge Margolis typically selects seven or eight jurors. In the case of a very long trial, she may select nine or ten. In winter season, a larger number might be selected. All jurors deliberate in civil cases. (Magistrate Judge Margolis does not preside over felony trials, and there are no jury misdemeanor trials.)

Juror Notebooks
Attorneys who wish to provide exhibits to the jurors in "juror notebooks" are permitted to do so. Additionally, in document-intensive cases, Magistrate Judge Margolis allows jurors to examine exhibits already in evidence for a few minutes before the commencement of the trial day, under the clerk's supervision.

Juror Notes
In a long case, if counsel agree, Magistrate Judge Margolis allows jurors to take notes.

Juror Charge
Pursuant to Magistrate Judge Margolis' standing Pretrial Order, counsel are required to provide her with proposed charges well in advance of the trial. On the first day of trial, Magistrate Judge Margolis gives the attorneys a rough draft of her charge, subject to refinement as the trial develops. This enables the court to focus on legal issues at the outset and allows counsel to shape the trial with the court's anticipated charge in mind. As the trial progresses, Magistrate Judge Margolis meets with counsel periodically to discuss the jury charge, which is finalized toward the close of evidence.

Post-verdict Communications with Jurors
After the trial is over, Magistrate Judge Margolis routinely speaks with jurors about the trial process and their jury experience. She does not discuss the specifics of the case and does not permit the attorneys to speak with the jurors.

Motions in limine
See "Moving Exhibits into Evidence" section.

Technology
Magistrate Judge Margolis does not have any technology available in her courtroom. Counsel Placement in Court Magistrate Judge Margolis does not have any requirements related to counsel placement in court.

Miscellaneous
Magistrate Judge Margolis stressed that the court does need courtesy copies of all pleadings and motions. (This may not be necessary once electronic filing is implemented.)