CHAMBERS PRACTICES

District Judge Vanessa L. Bryant
District Court for the District of Connecticut

Electronic Filing
Parties are asked to file electronically all motions, objections, reports and other material, unless a party is pro se, in which case filings must be made by hard copy to the clerk’s office at 450 Main Street, Hartford, CT, 06103-9998. The court prefers that documents filed electronically be converted to PDF format rather than scanned manually. Pleadings must be typewritten using Arial bold 12 point font, double spaced and comply with all applicable provisions of D. Conn. L. Civ. R. 10(a).

Oral Argument
Oral argument is permitted either by telephone or in person at the request of the parties in complex cases or at the court’s request where either the law or the facts are not fully developed in the motions and memoranda of law or to facilitate the fair, efficient and timely resolution of an issue.

Referral to Magistrate Judge and Special Masters
All cases are referred to a Magistrate Judge for a settlement conference after discovery is complete and dispositive motions have been ruled upon. Parties may request a referral for settlement earlier in the proceedings. Discovery matters may also be referred.

Rulings from the Bench
The court may summarily rule from the bench in instances where the issues are fully developed in the parties’ briefs and then issue a written ruling stating more completely the factual and legal authority for the ruling.

26(f) Reports
The court considers the 26(f) Report to be a critical element of trial preparation. The court expects the attorneys and pro se parties to discuss amongst themselves, after consultation with their respective clients and witnesses, the factual and legal nature and basis for the claims and defenses asserted or to be asserted, the possibilities of settlement and the desired discovery, and to develop and propose a realistic discovery and dispositive motion filing plan for adoption by the court in accordance with Rule 26(f). The court generally enters a scheduling order in accordance with the parties’ plan. The parties will be expected to adhere to their plan absent good cause. Motions to modify the scheduling order must be made in writing and will be granted upon a showing of an unforeseeable and insurmountable obstacle to adherence to the plan. The court issues guidance in the form of an Order on Pretrial Deadlines along with the scheduling order.

Resolution by Telephone
Rulings are entered electronically in electronically-filed cases. Counsel of record will receive instantaneous notice of all rulings, obviating the need to call chambers for rulings. Parties are asked to file written motions. Telephonic and other oral motions are generally disfavored. (See Discovery Disputes herein).

Trial Dates
Generally, the deadline for filing the joint trial memorandum will be thirty (30) days after the dispositive motions deadline if no dispositive motions are filed, or thirty (30) days after the court’s ruling on any dispositive motions filed. Cases will be considered trial ready thirty (30) days after the filing of the joint trial memorandum. The court will issue a scheduling order notifying the parties of the month in which they can expect to appear in court as soon as practicable.

Settlement
A settlement conference to be conducted by a Magistrate Judge will be set the month after the trial ready date specified by the parties. Parties may request an earlier settlement conference either in their 26(f) report or by telephone to chambers. Such request must be made jointly by all parties. All discovery necessary to conduct meaningful settlement discussions must be completed before the conference.

Discovery Disputes
The court may refer discovery disputes to a Magistrate Judge. The court sets aside Friday afternoon from 2:00 to 4:00 for telephonic hearings on discovery disputes. Parties must certify that they have been unable to resolve their dispute despite reasonable and diligent efforts. Counsel and pro se parties may call the law clerk assigned to their case to schedule a hearing. (See Notice to Parties Regarding Discovery Disputes electronically transmitted along with the Scheduling Order issued in response to the 26(f) Report and D. Conn. L. Civ. R. 16).

Sur-reply Briefs
These briefs will be considered by the court if timely filed.

Letter Briefs
Formal pleadings are preferred and letter briefs are disfavored. Counsel are encouraged to file briefs electronically. The court manages its cases electronically. Rulings on letter briefs may be delayed because letter briefs are not electronically docketed and tracked.

Chambers Copies
Chambers copies of briefs longer than twenty (20) pages and of exhibits are appreciated.

Motions for Extension of Time
The court generally enters a scheduling order in accordance with the parties’ plan. The parties will be expected to adhere to their plan absent a showing of good cause. Motions to modify the scheduling order must be made in writing and must state the unforeseen insurmountable obstacle to adherence to the parties’ plan. A reasonable extension will be granted for good cause shown.

Motions for Reconsideration
The court will grant any motion for reconsideration to correct a manifest error of law or fact, or to consider newly discovered evidence; but, not as a vehicle for asserting new arguments or for introducing new evidence that could have been adduced during the pendency of a summary judgment motion.

Special Proceedings
Ex parte orders are rarely entered. Applications for ex parte relief should be accompanied by an affidavit stating what, how and when notice was given to the opposing party. Most applications for ex parte relief will require entry of a motion to show cause. Counsel should include, along with the application for extraordinary relief, a proposed order to show cause.

Dispositive Motions
The court does not require a pre-filing conference before any dispositive motion is filed, but will hold one if the parties jointly request it. The purpose of the conference is to determine the necessity of filing the motion and whether there is a just, speedy and inexpensive alternative.

Endorsements
The court may issue an endorsement if it finds that there are genuine issues of material fact. This should not be perceived as an indication of the court’s opinion of the merits of the case or lack thereof.

Joint Trial Memorandum
A joint trial memorandum order is issued along with the scheduling order after the Rule 26(f) report is filed prescribing the content and the date for filing the Joint Trial Memorandum. Counsel must file motions in limine as well as proposed jury charges and any proposed jury interrogatories. The joint trial memorandum must include a list of all witnesses and exhibits. (See Joint Trial Memorandum Instructions.)

Evidentiary Disputes
The court prefers that evidentiary motions be filed, and where possible, resolved and all exhibits marked before the jury is seated.

Exhibit Lists/Marking Exhibits
Counsel shall attach, to their Joint Trial Memorandum, a list of all exhibits, including a brief description of their contents, to be offered at trial. The parties shall mark all exhibits numerically with exhibit tags (which will be provided by the clerk’s office upon request) starting with Plaintiff's Exhibit "1" and Defendant's Exhibit "500." Counsel shall coordinate exhibit identification to eliminate duplicate exhibits. Copies of the actual exhibits shall be exchanged no later than seven (7) days prior to submission of the Joint Trial Memorandum. Copies of all exhibits as to which there may be objections must be brought to the Final Pretrial Conference. Ten (10) days before trial, counsel shall deliver to chambers two (2) copies of exhibits placed in a three-ring binder with a copy of the exhibit list at the front of the binder and with each exhibit separately tabbed. Counsel shall also deliver on that date to Robert Wood, the courtroom deputy, the original set of exhibits along with an exhibit list pursuant to D. Conn. L. Civ. R. 83(6)(b).

Generally, exhibits that are not included in the submission will be inadmissible unless all parties agree that they may be admitted or they are offered for impeachment or rebuttal.

Witness List
Counsel shall set forth the name and address of each witness to be called at trial, including a brief summary of the anticipated testimony and the expected duration of the witness's testimony. Counsel shall indicate which witnesses are likely to testify and which witnesses will be called only if the need arises. For each expert witness, also set forth the opinion to be expressed, a brief summary of the basis of the opinion and a list of the materials on which the witness intends to rely. Lastly, state the area of the witness's expertise and attach a copy of the expert's report and a curriculum vitae, if available. Counsel is asked to provide Robert Wood, courtroom deputy, with three (3) copies of the witness list.

Any objection to the admissibility of the testimony of any witness must be stated in the witness section of the Joint Trial Memorandum, along with a brief statement of the grounds and citations to the legal authority supporting the objection as well as a brief statement and citations to supporting legal authority from the proponent of the witness regarding admissibility.

Witnesses not included in this list may not be permitted to testify at trial, except for good cause shown. All listed witnesses will be permitted to testify unless there is an explicit objection stated to the witness's testimony.

Motions in Limine and Objections thereto
Counsel shall list in the Joint Trial Memorandum any evidentiary problems anticipated by any party. They shall attach to the Joint Trial Memorandum motions in limine along with memoranda of law concerning any anticipated evidentiary issues. All memoranda in opposition to any motion in limine must be filed within seven (7) days after the date on which the Joint Trial Memorandum is filed and in any event no later than three (3) days before the Final Pretrial Conference.

Hearings on Evidentiary Matters
Prior to seating the jury, the Court will hear argument on all objections and motions in limine that can be decided without an offer of proof from a witness other than a party. The remaining objections and motions will be ruled upon during trial. Evidentiary hearings will be conducted between 9:00 and 9:30 on the morning the evidence is proposed to be offered. Any party who believes that more time is necessary to resolve an evidentiary issue is asked to raise the issue in the final Pretrial Conference. The Court will endeavor to schedule a hearing for such lengthy matters and a mutually convenient time that will not disrupt the flow of the trial.

Jury Instructions and Interrogatories
Counsel must file all supplemental proposed jury instructions and interrogatories, if any, on the date of jury selection.

Trial Schedule
The trial day begins at 9:30 and ends at 4:00 Monday through Friday. All matters other than the presentation of evidence which must be addressed outside the presence of the jury will be heard between 9:00 and 9:30 and between 4:00 and 4:30. Counsel are asked to appear in court at 8:30 each day of the trial.

Objections to Questions Asked During Trial
Where possible, resolution of objections to questions asked at trial which are best resolved outside the presence of the jury will be heard before 9:30 and after 4:00.

Time Limits
The Court does not generally limit the time for the presentation of evidence and will reserve the amount of time counsel estimate in their Joint Trial Memorandum. Counsel are asked to be mindful of the fact that the Court has scheduled other matters in reliance on counsels’ estimate. Trials that last longer than counsel’s estimate may be continued to the next available date so that previously scheduled matters may go forward as scheduled.

Jury Selection
The venirepersons will be interviewed and seated in the order in which they have been randomly selected and counsel will be provided with a list of venirepersons in that order. Venirepersons will be referred to by the number of their random selection: the first venireperson selected being referred to as “number 1" and so on. The Court will give the venirepersons a precis of the claims and defenses in the case and a trial schedule. The Court will then ask the attorneys to identify themselves, their client and their colleagues. The Court will then ask the venirepersons to introduce themselves and answer biographical questions designed to identify those who should be excused for cause. The standard voir dire questions may be obtained from the courtroom deputy, Robert Wood, at Robert_Wood@ctd.uscourts.gov. If counsel feel that these questions are inadequate, they are welcome to raise the issue at the Pretrial Conference. Ten (10) days prior to the Pretrial Conference counsel may file with the Court proposed voir dire questions designed to identify prospective jurors who should be excused for cause or peremptorily. Counsel will be asked at sidebar if they have other voir dire questions which they wish the Court to ask. The Court will determine whether additional questions will be asked. The Court will state which venirepersons are excused for cause after consultation with counsel at sidebar. Counsel may then move the Court to excuse additional jurors for cause. The Court decide whether and which additional jurors will be excused for cause. Counsel will exercise peremptory challenges. The venirepersons who were not selected will be excused. The ones who were selected will be given a preliminary charge regarding juror conduct and told to report back and the designated time for trial. (See D. Conn. L. Civ. R. 47.)Jury selection generally occurs on the first Tuesday of the month in which the case is scheduled for trial.

Note-taking
The members of the jury will be allowed to take notes for their personal use only. Notebooks will be issued at the beginning of each trial day and collected at the end of each trial day.

Opening Argument and Closing Statements
The Court permits opening and closing statements. These statements should not be longer than thirty (30) minutes. The plaintiff may reserve a portion of the time for genuine rebuttal of a specific statement of opposing counsel. Counsel should not charge the jury or presage the Court’s jury charge in the statement. Counsel are encouraged to consider the utility and possibly duplicity of these statements in short trials.

Examination of Witnesses
The Court does not limit the time for examination of witnesses. Counsel should eschew repetitive and irrelevant questions. In cases involving multiple plaintiffs and/or defendants represented by separate counsel, plaintiff and defense counsels may find it advantageous to designate a lead lawyer to examine each witness and confer on the questions to be asked to avoid objectionable repetition.

Proposed Jury charge, Interrogatories and Verdict Forms
Counsel are asked to submit requests for charge, jury interrogatories and verdict forms as part of the Trial Memorandum Order.

Demonstrative Exhibits
Enlargements, boards and other demonstrative exhibits will not be marked as full exhibits unless the parties agree that they be so marked.

Affidavits
Counsel are discouraged from filing affidavits attesting to facts of which counsel have no personal knowledge. Instead, affidavits should be made by parties of witnesses with personal knowledge of the matters contained therein.

Deadlines
In order to efficiently, fairly administer the docket it is important for parties to adhere to deadlines, especially those that the parties set themselves. The Court may infer from the party’s failure to file a 26(f) report or a trial management report that the matter has been settled and the parties have no intention of pursuing the case. Based upon that inference, the Court will dismiss the case after ten (10) days notice. Similarly, if a party does not file an objection or reply to a motion within the period allowed by the rules of procedure, the Court may infer that there is no objection to the motion or request and may grant the motion or request after ten (10) days notice. If notice is given of an impending order, the tardy party must show good cause why the late filing should be considered.