Trial Preferences

Hours of Day for Trial

Judge Thompson generally starts between 9:30 a.m. and 10:00 a.m. and goes until 4:30 p.m. or 5:00 p.m. (depending on the preferences of the parties and the jurors) with a couple of fifteen-minute breaks and a forty-five-minute to one-hour break for lunch.

Days of Week for Trial

In general, Judge Thompson typically conducts trial five days a week. There may be certain Fridays when trial cannot be conducted because of a special proceeding, etc. The days on which there will be no trial will be identified at the final pre-trial conference.

Time Limitations for Trial

Judge Thompson generally does not impose time limitations. He looks at the trial memorandum and, if it appears that counsel are asking for too much time, he will talk about it with them during the pretrial conference. On one occasion when he thought counsel were asking for an excessive amount of time, Judge Thompson limited the total time to about three weeks and gave each of them half of that time. He felt that procedure worked very well in that case.

Judge Thompson thinks it is important to start on time, particularly in a jury case. There have been occasions when he has taken the bench when a lawyer did not return from a break on time.

Time Limitations for Individual Examinations of Witnesses

Judge Thompson does not impose time limits for witnesses.

Opening Statements

In most cases Judge Thompson suggests that ten minutes per side for an opening statement is sufficient. However, he will consider a joint proposal for longer opening statements.

Closing Arguments

Judge Thompson confers with counsel to find out what their preferences are or whether they have a joint proposal. He has allowed closing statements for each side ranging from a half hour to one and a half hours depending on the complexity of the case. He has had situations in which counsel have raised objections during the closing statement and, when appropriate, he has sustained them.

Demonstrative Exhibits

At the final pretrial conference, Judge Thompson asks counsel what demonstrative exhibits they have and whether they want to use any court equipment to display them. Judge Thompson generally does not admit a demonstrative exhibit as a full exhibit, but does allow it to be marked for identification. Judge Thompson encourages counsel to exchange such exhibits beforehand so that any objections can be taken up before trial begins.

Moving Exhibits into Evidence

Judge Thompson encourages the parties to stipulate to as many exhibits as possible and to identify objections so that they can be addressed at the pretrial conference. Judge Thompson permits the parties to provide the jurors with a binder of admitted exhibits, including photographs, but generally will not allow counsel to publish an exhibit to the jury by handing it to the jurors to pass around.

Pre-marking of Exhibits

Judge Thompson requires that counsel pre-mark all their exhibits and submit them to him in binders at least three days before trial. He reviews the written objections submitted by the parties and looks through the exhibit books so objections can be discussed before trial. The pre-marked exhibit numbers are also the actual trial exhibit numbers-Judge Thompson will explain to the jury why there may be gaps in the numbers.

Procedural Motions and Arguments

Judge Thompson does not like to interrupt the jury's time and therefore prefers to handle all motions or arguments at the beginning or end of the day or during one of the breaks. Judge Thompson does not like speaking objections, but asks counsel to cite to the federal rule of evidence number for their objections.

Jury Profiles

Though he will not chastise counsel who conduct online searches for information about potential jurors, he has a negative opinion of the practice. He believes adequate information can be obtained about the jurors during the jury selection process.

Jury Selection

After conferring with counsel, Judge Thompson prepares a short initial questionnaire which he asks the entire jury panel to complete. The jurors' names are scrambled by computer and the jurors are called up at random. Judge Thompson questions each juror at the sidebar in the presence of counsel. He asks whether the juror is available to serve and whether he or she answered yes to any of the other questions on the checklist. If the juror did answer yes to any of the questions, Judge Thompson discusses those questions with him or her in an open-ended fashion. The attorneys are also permitted to ask questions at this point, limited to the initial questionnaire list. Unless the judge feels that a particular juror should be excused for cause, he then puts them in the box. Judge Thompson generally puts enough jurors in the box for the final panel, plus the total number of peremptories, and a few extra.

Also with the assistance of counsel, Judge Thompson prepares a second questionnaire which goes into more detail regarding the jurors. Each of the jurors in the box has a copy of the questionnaire and, one by one, they answer out loud the entire questionnaire. Once that has been done, Judge Thompson usually has a few general questions he asks the panel as a whole. At that point, depending on the case, he gives counsel time to ask a few questions. Typically he gives five minutes for questioning by counsel. At that point Judge Thompson confers with counsel at the sidebar to see if there is anyone whom they might want to excuse for cause. Once Judge Thompson has ruled on any such request, he generally gives counsel a five- to ten minute break to decide how they want to exercise their preemptories. The panel has generally been excused at this point, the judge goes through the preemptories with counsel, and the final panel is chosen.

Jurors in a Civil Case

Judge Thompson typically seats at least six, and up to eight or nine, jurors in a civil case, depending on the expected length of the case. There are no alternates, so everyone participates in the deliberations.

Juror Notebooks

Judge Thompson allows counsel to provide the jurors with binders containing exhibits that are in evidence.

Juror Notes

Judge Thompson allows jurors to take notes in every case and provides them with a notebook. He also gives a cautionary instruction that they should not use the fact that they took notes to try to influence another juror. In civil cases, Judge Thompson tells the jurors to raise questions about the evidence by writing them on a page of their notepads. He tells the jury he will convey the questions to the lawyers, but will not provide a direct answer. Judge Thompson then shares the questions with counsel so that they can decide if and how they want to address them--either through the remaining witnesses or in closing arguments.

Jury Charge

Judge Thompson asks counsel to submit their proposed request to charge with a joint trial memorandum and goes over his proposed charge during the charging conference. He always sends the charge into the jury unless all parties object; if only one side objects but another party doesn't, he sends it in. He only sends in one copy, but if there is a request for multiple copies, he sends in multiple copies.

Post-verdict Communications with Jurors

Judge Thompson always goes back to the jury room to thank the jurors personally and to answer any appropriate questions. If counsel asks to communicate with the jury, he asks the jurors and lets them decide. On the few occasions when counsel has made this request, it is Judge Thompson's experience that the jury has said no.

Motions in Limine

Judge Thompson wants to have all Daubert or other motions in lirnine raised in advance of trial-preferably by the final pretrial conference-so that he has adequate time to consider and rule on them.

Technology

Judge Thompson allows the parties to use whatever technology they want in the courtroom.

Counsel Placement in Court

Judge Thompson allows counsel to move around the courtroom but he perceives an imaginary line running horizontally from the clerk's bench to the front of the witness stand. He expects counsel to ask for permission to approach any closer to the witness unless counsel is handing the witness an exhibit. At closing arguments, he turns the podium so that it is facing the jury box but does not require counsel to stay at the podium.

Miscellaneous

Judge Thompson believes that civility is important and that it is not only a nice thing to do, but also promotes efficiency in the court proceeding and is an example for the jury.

During bench trials, Judge Thompson routinely asks questions after counsel have finished their questioning if there is additional information he feels he needs. In a jury case, he rarely asks questions and then only to clarify the testimony of a witness.

Credibility is also important. Judge Thompson would rather have counsel acknowledge when a case they are citing is a stretch rather than to pretend it is not, because when the judge finds out later that it is a stretch, that will make him wonder whether he can rely on other statements counsel have made.