Chambers Practices of
The Honorable Warren W. Eginton
Senior United States District Judge

PRETRIAL PREFERENCES

Oral Argument on Motions
Judge Eginton does not have a regular motion calendar and only hears oral argument when he believes it is necessary to obtain additional information to decide the motion properly.

Referral to Magistrate Judges/Special Masters
Magistrate Judge Fitzsimmons is paired with Judge Eginton. Judge Eginton seldom refers dispositive motions but is likely to refer settlement conferences. He handles temporary restraining order applications himself but, depending on his schedule, often sends preliminary injunction hearings to the magistrate judge, especially if he is successful in having the preliminary and permanent injunctions consolidated.

Rulings from the Bench
Judge Eginton rules from the bench when appropriate.

26(f) Reports
Judge Eginton favors Rule 26(f) conferences but is inclined to let attorneys set their own schedules. He will not get involved unless the attorneys cannot agree among themselves. He will modify a Rule 26(f) schedule if the parties agree on the modification.

Resolution by Conference Call
Judge Eginton welcomes conference calls when appropriate.

Sur-reply Briefs
Judge Eginton does not put any limits on the number of briefs he will consider; he leaves that to the attorneys' discretion.

Letter Briefs
Judge Eginton will receive letter briefs so long as all parties are copied.

Chambers' Copies
Chambers copies are required of any pleading, including attachments, that is longer than twenty (20) pages.

Motions for Extension of Time
Judge Eginton does not like to receive an excessive number of motions for extension of time but will generally grant them, particularly if opposing counsel has no objection, unless it appears that an attorney is abusing the privilege.

Motions for Reconsideration
Judge Eginton has no special rules or procedures for motions for reconsideration.

Special Proceedings
Judge Eginton will handle temporary restraining order applications himself.

Joint Trial Memoranda
Judge Eginton uses his own pretrial order and does not require joint trial memoranda.

Lawyer Affidavits
Judge Eginton has no special requirements or procedures for lawyer affidavits.

Dispositive Motions
Judge Eginton does not favor pre-filing conferences and believes that the lawyers in this district generally know when it is appropriate to make a dispositive motion.

Discovery
Judge Eginton usually refers discovery matters to a magistrate judge or decides matters himself on the papers.

Settlement
Judge Eginton generally refers settlement conferences to Magistrate Judge Fitzsimmons.

TRIAL PREFERENCES

Hours of Day for Trial
Judge Eginton normally conducts trials between 9:00 a.m. and 5:00 p.m. Lunch is from 1:00 p.m. to 2:00 p.m.

Days of Week for Trial
Trials usually are held Monday through Friday.

Time Limitations for Trial
Judge Eginton normally does not limit the duration of the trial unless he thinks the evidence is repetitious. He expects parties to fairly estimate the trial time and reasonably comply with their estimation.

Time Limitations for Individual Examinations of Witnesses
There are no time limitations on the individual examination of witnesses.

Opening Statements
Judge Eginton is flexible with respect to opening statements. He will often provide a brief summary of the case.

Closing Arguments
Judge Eginton imposes no time limitations on closing statements, although he does interrupt if he believes the statement is improper. The charge is always determined before the statements are given.

Demonstrative Exhibits
Judge Eginton permits demonstrative exhibits depending on relevancy and prejudice issues, but does not permit them to be considered by the jury unless there is an agreement to do so among the parties.

Moving Exhibits into Evidence
Judge Eginton tries to address admissibility in pretrial proceedings. He prefers that exhibits be pre-marked so that evidentiary formalities can be dispensed with.

Pre-marking of Exhibits
All exhibits should be pre-marked

Procedural Motions and Arguments
Judge Eginton strongly disfavors procedural motions and arguments on jury time while the jury is sitting. Such procedures are for 8:00 a.m., lunch break, or 5:00 p.m.

Objections
Judge Eginton strongly disfavors speaking objections.

Jury Profiles
Judge Eginton uses juror questionnaires provided by the clerk's office.

Jury Selection
Judge Eginton uses the strike method for jury selection.

Jurors in a Civil Case
Judge Eginton selects eight jurors.

Juror Notes
Judge Eginton will permit jurors to take notes and keep notebooks depending on the length and complexity of the case.

Juror Charge
Judge Eginton provides the charge after closing arguments are made. He typically orients the jury with a charge in the opening of the trial.

Post-verdict Communications with Jurors
Judge Eginton takes no position on post-verdict communications with jurors provided the Local Rules and Rules of Professional Conduct are strictly obeyed.

Motions in limine
Judge Eginton considers motions in limine and, if warranted, prefers them to lengthy arguments made during trial on evidentiary issues that could otherwise have been anticipated.

Technology
Judge Eginton accepts technology-based presentations as long as they work. The parties should pre-test all presentations.

Counsel Placement in Court
Counsel are expected to place themselves so as to communicate effectively with the court and the jury. Counsel for the party with the burden of proof sits closest to the jury. At all times counsel should be respectful to the jury and court and should stand when talking.

Miscellaneous
Judge Eginton's rules for bench trials are essentially the same as for jury trials with the exception that Judge Eginton asks questions during bench trials if he believes the answers would be informative.