Chambers Practices of
The Honorable William I. Garfinkel
United States Magistrate Judge

Magistrate Judge Garfinkel is paired with Judges Underhill and Kravitz.

PRETRIAL PREFERENCES

Oral Argument on Motions
Oral argument on motions may occur at the judge's discretion, not the parties', although he does carefully consider requests for oral argument. If parties feel strongly that he should hear oral argument, they should request it in a letter accompanying the motion. If such a request is made, he is inclined to grant it. He does not have set days for oral argument on motions but tries to accommodate counsel's schedules.

Referral to Magistrate Judges/Special Masters
Not applicable.

Rulings from the Bench
Magistrate Judge Garfinkel occasionally rules from the bench, particularly in situations involving discovery disputes or situations where the need for a ruling is immediate.

26(f) Reports
Magistrate Judge Garfinkel expects counsel to give serious consideration to the dictates of Rule 26(f) and, where appropriate, explain the disparity between their positions. Unless he thinks the case is being mismanaged, he usually defers to counsel's agreements about discovery scheduling. If there is some dispute, he usually schedules a telephone conference.

Resolution by Conference Call
Magistrate Judge Garfinkel encourages telephone conferences to resolve discovery disputes. He encourages counsel to call him from depositions to raise discovery disputes immediately. If he can take the phone call, he will. If not, he wants the matter to be addressed as soon as possible. He also receives letters outlining discovery disputes so that he can resolve them on an informal basis and encourages the use of facsimile transmissions to expedite resolution.

Magistrate Judge Garfinkel also uses conference calls to address scheduling issues and to attempt to reach settlement agreements.

Sur-reply Briefs
Magistrate Judge Garfinkel believes briefing should stop with the reply memorandum. If a party truly believes that sur-reply is appropriate, it should seek permission with a letter or motion. Any sur-reply memorandum should be concise.

If a case has been decided after briefing has concluded, and is controlling or offers substantial guidance on the issue before the court, Magistrate Judge Garfinkel prefers to have it brought to his attention by way of a short motion. He discourages the presentation of new or additional argument; he would rather simply have the new case pointed out for his consideration.

Letter Briefs
Generally, Magistrate Judge Garfinkel does not favor receiving letter briefs.

Chambers' Copies
Magistrate Judge Garfinkel finds chambers' copies of important pleadings helpful, especially when he is expected to rule expeditiously on a motion.

Motions for Extension of Time
Local Rule 9(b) should be observed. Counsel should make sure to state their good cause.

Motions for Reconsideration
Motions for reconsideration should be filed timely and sparingly, and only in situations where a persuasive reason, which might convince the court to change its mind, exists.

Special Proceedings
Special proceedings are handled as Magistrate Judge Garfinkel's schedule permits and need dictates. Counsel should stipulate to as many facts and controlling legal principles as possible.

Joint Trial Memoranda
When causes are referred to him for trial, Magistrate Judge Garfinkel usually issues a modified scheduling order similar to that of the judges with whom he is paired, Judges Underhill and Kravitz. He also has a special trial memorandum order for jury trials and one for non jury cases. Copies of these are attached.

Lawyer Affidavits
Magistrate Judge Garfinkel believes that attorney affidavits are appropriate for non-substantive filings, i.e., certifying depositions. He encourages affidavits from attorneys as to certain formalities, but does not believe that counsel should be offering into evidence those documents to which they will not be testifying if the case goes to trial.

Dispositive Motions
Judge Garfinkel is flexible in the way in which he approaches motion practice. For summary judgment motions, Magistrate Judge Garfinkel believes exhibits should be attached to the affidavit regarding the authenticity of the documents. He considers any statements filed pursuant to Local Rule 9(c), and would consider granting a motion for summary judgment if counsel failed to comply with that rule.

Discovery
Judge Garfinkel is also flexible in the way in which he approaches discovery practice. He encourages resolution by conference calls. If disputes arise at a deposition in a case he is handling, counsel should call him directly Discovery disputes are also often handled by letter requests.

Settlement
Magistrate Judge Garfinkel treats settlement conferences very seriously. He requires ex parte memoranda to be submitted in advance to acquaint him with the case. Client attendance is required, unless previously excused. The conferences are often conducted in a "tag team" approach.

TRIAL PREFERENCES

Hours of Day for Trial
Magistrate Judge Garfinkel normally conducts trials from 10:OO a.m. to 5:00 p.m. Occasionally, he will hold court from 9:30 a.m. to 5:00 p.m. Lunch is from 1:00 p.m. to 2:00 p.m.

Days of Week for Trial
Magistrate Judge Garfinkel holds trial Monday through Friday.

Time Limitations for Trial
Magistrate Judge Garfinkel imposes no fixed time limitations for trial.

Time Limitations for Individual Examinations of Witnesses
Magistrate Judge Garfinkel does not impose any time limitations for individual examinations of witnesses.

Opening Statements
Magistrate Judge Garfinkel always permits opening statements in both jury and courtside trials. Magistrate Judge Garfinkel does not impose set time limits on opening statements but does discuss the anticipated length of the opening statements with counsel in advance. While Magistrate Judge Garfinkel does permit objections during opening statements, they are disfavored and should be used sparingly.

Closing Arguments
Magistrate Judge Garfinkel always permits closing arguments. While he does not impose time limits, he discusses the time which the parties anticipate is necessary before the arguments are conducted. Once again, objections are permitted but disfavored. Magistrate Judge Garfinkel always determines the charge before closing arguments. Moreover, Magistrate Judge Garfinkel gives copies of the charge to counsel in advance of their closing arguments and permits them to refer to the charge in their arguments.

Demonstrative Exhibits
Magistrate Judge Garfinkel permits demonstrative exhibits but does not allow them to go to the jury except by agreement of counsel. Magistrate Judge Garfinkel's courtroom is not yet fully wired. If counsel want to use special equipment for demonstrative exhibits, they are encouraged to bring their own.

Moving Exhibits into Evidence
Magistrate Judge Garfinkel requires markings of and objections to exhibits ahead of time. He tries to resolve these objections early.

Pre-marking of Exhibits
See "Moving Exhibits into Evidence" section.

Procedural Motions and Arguments
Magistrate Judge Garfinkel conducts procedural motions and arguments outside of the presence of the jury, usually either before or after court. Magistrate Judge Garfinkel discourages sidebar conferences and conducts them as little as possible.

Objections
Magistrate Judge Garfinkel requests a stated reason for an objection, but does not permit speaking objections. He is generally looking for one or two words as the basis for the objection.

Jury Profiles
Magistrate Judge Garfinkel provides only the information generally given by the clerk's office.

Jury Selection
Magistrate Judge Garfinkel uses the strike method, and in civil cases generally selects eight jurors. All eight are full jurors with no alternates. Magistrate Judge Garfinkel does the questioning but permits follow-up questions by counsel if proposed to him at sidebar. challenges for cause are conducted at sidebar. Proposed voir dire questions are to be submitted in advance. Magistrate Judge Garfinkel permits lawyers to serve on a jury.

Preliminary Charge
Magistrate Judge Garfinkel usually gives an opening statement as to the law so that the jurors may better understand the issues in the case.

Juror Notebooks
Magistrate Judge Garfinkel encourages counsel to provide full exhibits to jurors in notebooks so that they may refer to the exhibits when needed.

Juror Notes
Magistrate Judge Gar6nkel permits jurors to take notes but does not allow them to ask questions.

Post-verdict Communications with Jurors
Magistrate Judge Garfinkel does not permit direct communication by the lawyers with the jurors, but he talks with the jurors himself after the case and passes along comments to counsel.

Motions in limine
Magistrate Judge Garfinkel encourages the parties to submit motions in limine and to resolve as many issues as possible prior to trial. He generally requires motions in limine to be submitted with the joint trial memorandum and, if they are not, the party must explain why and demonstrate that no undue prejudice has resulted.

Technology
Magistrate Judge Garfinkel encourages the use of new technology when possible and appropriate.

Counsel Placement in Court
Magistrate Judge Garfinkel generally places the party with the burden of proof closer to the jury. He discourages colloquy between counsel and requires them to address their comments to the court. Magistrate Judge Garfinkel prefers that counsel request permission before approaching the bench or the witnesses; however, this permission will almost always be granted. Absent some physical infirmity, he generally requires counsel to stand to raise objections. He disfavors mid-question objections but understands that in certain instances they are necessary. He permits lawyers to conduct examinations of witnesses from whatever position in the courtroom they feel most comfortable.

Miscellaneous
Magistrate Judge Garfinkel's procedures are generally the same in bench trials as jury trials. However, he asks more questions in bench trials. Magistrate Judge Garfinkel encourages offers of proof and stipulations of facts, particularly in bench trials. In general, he has few rules, and any rules he does have are subject to modification at request of counsel.

Magistrate Judge Garfinkel accepts faxes and emails and attempts to take conference calls wherever possible to resolve discovery disputes and the like. He discourages discovery motions and prefers prompt informal resolution of disputes.