Chambers Practices of
The Honorable Mark R. Kravitz
United States District Judge

PRETRIAL PREFERENCES

Oral Argument on Motions
Judge Kravitz generally will hear oral arguments on all substantive motions. Those arguments typically follow a question and answer format.

Referral to Magistrate Judges/Special Masters
Magistrate Judge Garfinkel is paired with Judge Kravitz. Judge Kravitz refers settlement matters to Magistrate Judge Garfinkel. He also refers complicated, extensive, discovery matters to Magistrate Judge Garfnkel, but prefers to keep routine discovery matters for himself. He generally rules on routine matters without motion or briefing during the course of a telephone conference. Judge Kravitz does not refer dispositive motions to Magistrate Judge Garfinkel unless the parties agree that the magistrate judge's rulings will be treated as a district court judge's rulings for finality purposes.

Ruling from the Bench
Judge Kravitz occasionally rules from the bench.

26(f) Reports
Judge Kravitz places a great deal of emphasis on 26(f) Reports. He requires 26(f) Reports in every case and will not set scheduling orders without them. Judge Kravitz generally uses telephonic conferences to discuss the 26(f) Reports and to establish the final scheduling order. If the parties do not contemplate any dispositive motions, Judge Kravitz provides a trial ready date during that scheduling conference. If the parties contemplate dispositive motions, Judge Kravitz generally provides a trial ready date thirty days after the ruling on the dispositive motions.

Resolution by Conference Call
As noted, Judge Kravitz generally schedules conference calls to establish the scheduling order. He is also receptive to conference calls for the purposes of resolving discovery disputes after counsel have conferred on the issue. Before discovery motions are filed, Judge Kravitz requires that counsel confer with him by telephone.

Sur-reply Briefs
Judge Kravitz does not encourage, but may consider, sur-reply briefs.

Letter Briefs
Judge Kravitz will not consider any letter briefs on the merits. He will consider letters requesting status, scheduling, or settlement conferences.

Chambers' Copies
See Electronic Filing Order.

Motions for Extension of Time
While Judge Kravitz grants reasonable extensions of time, such motions should be supported by an explanation as to the requisite good cause for the extension.

Motions for Reconsideration
Judge Kravitz will accept motions for reconsideration within the context of the Local Rules.

Special Proceedings
Judge Kravitz presently is handling pre-judgment remedy hearings but ultimately may refer those hearings to Magistrate Judge Garfinkel.

Joint Trial Memoranda
Judge Kravitz uses the standard joint trial memorandum with certain modifications.

Dispositive Motions
Judge Kravitz does not require a pre-filing conference before the submission of dispositive motions.

Discovery
Judge Kravitz handles his own discovery disputes though on occasion he also utilizes a Special Master. See Instructions Regarding Telephonic Discovery Conferences.

Settlement
Judge Kravitz refers appropriate matters to Magistrate Judge Garfinkel for settlement conferences, provided the parties have expressed an interest in participating in such a conference.

TRIAL PREFERENCES

Days of Week and Hours of Day for Trial
Judge Kravitz tries cases on a five-day week basis from 9:00 a.m. to 3:00 p.m. with a 1/2 hour for lunch. During the time when the case is not before the jury, Judge Kravitz addresses motions and other issues pertaining to the trial.

Time Limitations for Trial
Judge Kravitz does not typically impose time limitations on the length of a trial. As the trial proceeds, he may make suggestions to eliminate duplicative evidence and witnesses.

Time Limitations for Individual Examinations of Witnesses
Judge Kravitz does not impose time limits for witnesses.

Opening Statements
Judge Kravitz allows opening statements consistent with the Local Rules.

Closing Arguments
Judge Kravitz generally provides one hour to each side for closing arguments. At present, Judge Kravitz gives the charge to the jury before the conclusion of closing arguments, although in certain cases he may give the jury charge after closing arguments.

Demonstrative Exhibits
Judge Kravitz rules on offers of demonstrative evidence at the pretrial conference.

Moving Exhibits into Evidence
Judge Kravitz expects all of the exhibits to be identified in advance of trial through the joint trial memorandum. It is difficult to add new exhibits during trial that were not in the original memorandum.

Pre-marking of Exhibits
Judge Kravitz requires the lawyers to pre-mark exhibits. He expects the lawyers to use the same numbers that have been used for the exhibits in the joint trial memorandum, even if the exhibits do not become exhibits for the trial. He will issue an explanatory instruction to the jury to explain any gaps in the numbers.

Procedural Motions and Arguments
Judge Kravitz typically handles procedural motions and arguments outside of ordinary jury trial time. He allows oral argument on these motions. In most cases, Judge Kravitz expects that the arguments with respect to admissibility of evidence will take place prior to trial.

Objections
As for exhibits, counsel must state their objections in the joint trial memorandum. Judge Kravitz holds a comprehensive pretrial conference approximately one week before trial at which objections are among the issues addressed and resolved. As to objections to testimony made during the course of trial, Judge Kravitz requires that they be made in a nonverbal format. If necessary and appropriate, the judge may ask opposing counsel's position with respect to the objection. Judge Kravitz discourages sidebar discussions. If the objection raises a particularly complicated issue, he may ask the lawyers to set the issue aside until a recess in the proceedings so that he can have adequate time to consider it.

Jury Profiles
Judge Kravitz uses jury questionnaires in certain cases.

Jury Selection
Judge Kravitz uses the box method for jury selection. In civil cases, Judge Kravitz asks ten standard questions. He allows lawyers to add their own questions, as appropriate, which he then asks. He introduces the lawyers and asks them to introduce their clients and the names of any witnesses who will be testifying in the case.

Jurors in a Civil Case
Judge Kravitz generally sits eight or nine jurors in a civil case. He does not designate alternates, but allows the lawyers to have the extra peremptory challenges. All of the jurors will deliberate.

Juror Notebooks
Judge Kravitz allows notebooks of exhibits to be furnished to the jury for their use. In civil cases, Judge Kravitz allows jurors to pose questions.

Juror Notes
Judge Kravitz allows jurors to take notes during trial. He instructs the jurors that they should be careful about unduly deferring to what a "better note taker" says the evidence was.

Jury Charge
Judge Kravitz expects the lawyers to propose jury charges during the pretrial conference. The jury charge will be developed throughout the course of the trial and will be finalized at the final charging conference. Judge Kravitz distributes the written jury charges to the jurors shortly before reading the charge to them and allows the jury to have copies of the written charge during deliberations. Judge Kravitz gives the jury charge before closing arguments, although in certain cases he may give it after closing arguments.

Post-verdict Communications with Jurors
Judge Kravitz adheres to the Local Rules with respect to post-verdict communications with jurors.

Motions in limine
Judge Kravitz allows and encourages motions in limine. He generally decides such motions prior to trial. Pursuant to Fed. R. Evid. 702-705 and the Daubert v. Merill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases, Judge Kravitz does not consider motions to exclude testimony of experts to be in limine motions. Rather, he considers them to be like dispositive motions, and requires that they be filed within the pretrial schedule pertaining to dispositive motions.

Technology
Though his present courtroom is not ideally equipped, Judge Kravitz allows and encourages the use of technology in the courtroom. As appropriate, Judge Kravitz would allow technology to be used in both the opening and closing arguments.

Counsel Placement in Court
Judge Kravitz does not have any particular restrictions on counsel's movement about the courtroom, except that, at present, the recording mechanism -- a microphone/tape recorder -- confines counsel to the immediate vicinity of the counsel table.

Miscellaneous
Judge Kravitz has his own orders with respect to each of the following categories:
Scheduling Order
Trial Procedure and Requirements
Joint Trial Memorandum Instructions
Joint Trial Memorandum Instructions (non-jury cases)
Civil Jury Questionnaire
Notice of In-Chambers Status Conference
Notice of Phone Status Conference
Instructions for Telephonic Discovery Conferences
Prejudgment Remedy Hearing Order
Sample Protective Order