RICHARD C. LEE UNITED STATES COURTHOUSE 141 Church Street New Haven, Connecticut 06510
Driving Directions
Every 26(f) Report filed by the parties should include proposed dates that fall on a Friday and reflect the following:
After the filing of the Rule 26(f) Report, Judge Bolden convenes a Rule 16 scheduling order conference by telephone or, upon request, in person.
Once a scheduling order is entered, Judge Bolden expects parties to follow the schedule, modifying it upon a showing of good cause. If a motion to modify the scheduling order, or any deadline within it, will preclude the resolution of the case within three years of its filing, then the motion is likely to be denied.
Owing to the current COVID-19 public health emergency, Judge Bolden has suspended the courtesy copy requirements set forth below. Counsel are not required to submit courtesy copies of any filing effective immediately and continuing until this notice is removed.
Unless otherwise ordered, on the business day following the day on which a document is filed electronically, counsel must provide chambers with one paper copy of the following e-filed documents, including all exhibits and attachments:
a. Applications for temporary restraining orders, preliminary injunctions or prejudgment remedies, including all memoranda of law and all exhibits;
b. Dispositive motions, memoranda in support, briefs in opposition, and replies;
c. Proposed voir dire and jury instructions;
d. Joint Trial Memoranda;
e. Trial briefs, including proposed findings of fact and conclusions of law and all exhibits; and
f. Any other filing that is in excess of 15 pages;
Please ensure that chambers’ copies are properly bound and tabbed. Any chambers’ copy that cannot be secured by a staple must be placed in a three ring hole punch binder, and each exhibit must be separately tabbed. Chambers’ copies may be printed double-sided.
Hours of Day for Trial
Typical trial hours are 9:00 a.m. to 4:00 p.m., with a one-hour lunch break, a fifteen-minute break in the morning, and a fifteen-minute break in the afternoon.
Days of Week for Trial
Trials generally are held five days a week. For certain long cases, Judge Bolden may have longer trial days (i.e., 9:00 to 5:00) four days a week.
Time Limitations for Trial
Judge Bolden typically does not impose time limitations. He works with the attorneys to develop a reasonable estimate for the time required for a trial and schedules the trial accordingly.
Time Limitations for Individual Examinations of Witnesses
Judge Bolden generally does not limit individual examinations of witnesses. In his pretrial order, he requires counsel to separately identify those witnesses they "intend" to call and those witnesses they "may" call.
Opening Statements
Judge Bolden permits opening statements in civil cases. They may not be argumentative and must be limited to what the evidence will show. They are typically required to be brief (i.e., ten minutes or less).
Closing Arguments
Judge Bolden generally allows closing statements of thirty minutes, although additional time may be allowed for very complicated cases or cases with multiple parties.
Demonstrative Exhibits
Parties must disclose demonstrative evidence before it is presented in the courtroom so that objections may be dealt with in advance. Demonstrative evidence may not be used during closing argument unless it has been marked as an exhibit or has been shared with the other parties at least one day before closing.
Moving Exhibits into Evidence
Judge Bolden encourages stipulations with respect to exhibits and tries to work out objections in advance so that exhibits do not have to be formally moved into evidence at trial.
Pre-marking of Exhibits
Judge Bolden requires exhibits to be pre-marked and exchanged in accordance with his pretrial order. He generally limits exhibits to those that have been identified before trial but does not strictly enforce that rule if the need for the exhibit could not reasonably have been anticipated. Counsel are to provide one set of exhibits for the judge and one for his clerk. As with witnesses, counsel are, in their pretrial memoranda, to separate those exhibits they "intend" to use from those exhibits they "may" use.
Procedural Motions and Arguments
Judge Bolden requires in limine motions to be filed in conjunction with or before the Joint Trial Memorandum. Because of this, he deals with many of these motions at pretrial conferences or at oral argument before trial. Nonetheless, should additional issues arise at trial, Judge Bolden expects counsel to alert him to potential problem areas in advance whenever possible. He hears argument on such matters before the commencement of the trial day or during breaks. Judge Bolden rarely permits sidebars and rarely excuses the jury to entertain motions or objections.
Evidentiary Objections During Jury Trial
When in the presence of the jury, counsel must state the basis for any objections in as few words as possible (e.g., “Objection, hearsay” or “Objection, foundation”) and without argument or further elaboration unless Judge Bolden requests more detail. If counsel requests, Judge Bolden will explain the basis for his ruling on an objection at the next break and outside the presence of the jury.
Jury Profiles
Attorneys may request and receive from Judge Bolden’s courtroom deputy the day before jury selection a data sheet with basic information about the backgrounds of venirepersons who are scheduled to appear for jury selection.
Jurors in a Civil Case
In a trial anticipated to take a week or less, eight jurors are typically selected. For longer cases, ten to twelve may be selected. All jurors deliberate in civil cases. In criminal cases, Judge Bolden generally does not permit alternates to deliberate.
Juror Notebooks
Attorneys who want to provide exhibits to the jurors in "juror notebooks" are permitted to do so.
Juror Notes
The court permits note taking by jurors and supplies notebooks for juror use.
Jury Instructions and Charge
Judge Bolden requires counsel to submit proposed jury instructions with the Joint Trial Memorandum. He prepares a draft of his charge, provides it to counsel either prior to or during the trial, and holds a charge conference a day or two before giving the charge.
Post-verdict Communications with Jurors
Judge Bolden does not permit lawyers to communicate with jurors, but he routinely speaks with jurors after the trial is over.
Technology
All requests for courtroom technology must be received by the Clerk's Office at least two weeks prior to the scheduled hearing. The form for such request can be found here: Courtroom Technology Request Form.
General
Judge Bolden is paired with Magistrate Judge Garfinkel, who will hear his initial presentments. At that time, parties will receive a scheduling order with a jury selection date. Any pleas or changes of pleas will be done before Judge Bolden. Parties should call Jazmin Perez at (203) 579-5539 to schedule a plea or change of plea.
Motions for a Continuance
If a continuance is sought and implicates a defendant's Speedy Trial Act rights, Judge Bolden's practice is to schedule a telephonic status conference with the parties to ensure that the findings required under the Speedy Trial Act can be made. Judge Bolden requires that such motions be accompanied by signed waivers from each defendant.
Victim Rights
For crimes involving identifiable victims, the prosecutor must e-mail the chambers law clerk assigned to the case at least 24 hours before any public court proceeding, certifying compliance with the rights of victims under the Crime Victims’ Rights Act, 18 U.S.C. § 3771. The prosecutor may obtain the appropriate e-mail address by calling chambers at (203) 579-5562.
