Susan K. Lee, United States Magistrate Judge
Judicial PreferencesWritten correspondence from counsel to the court.
Should be avoided, except for routine matters that do not address the merits of any motion or case, and in any event all other attorneys should be furnished a copy.
Communication between counsel and the Judge's law clerks.
Permitted for routine matters, although discussion of the merits of pending motions or suits should be avoided.
Preference for the use of telephone conferences rather than in-person conferences for any category of conferences that you schedule in connection with a case.
Telephonic motion hearings may be allowed if there are attorneys involved whose offices are a significant distance from the Court UNLESS the number of lawyers, or the subject matter of the hearing, would make a telephonic hearing difficult. Attorneys are welcome to request telephonic hearings by contacting the judicial assistant, Krista Starnes.
Preference regarding pro hac vice admissions.
No preference beyond what the Local Rule requires.
Preference regarding oral arguments on motions.
Usually, non-dispositive motions are set for oral argument. If the parties intend to present evidence at the hearing, they must notify the Court in advance so an official court reporter can be procured.
Preference for courtesy copies of motions, briefs, and other writings for chambers.
Courtesy copies of all motions, briefs, and attachments in excess of ten pages are requested. All pleadings that refer to other pleadings in the record should reference the Document Number in CM/ECF of the referenced pleading.
Standard form for scheduling order(s).
A copy of Judge Lee's form scheduling order is on the Court's web site.
Preferences regarding Federal Rule 16.
None, except that it be followed.
Preferences regarding Federal Rule 26.
None, except that it be followed.
The extent to which counsel may influence the length of the discovery period, extensions, trial dates, etc.
The input of the attorneys is given great weight in setting discovery deadlines and trial dates. The time allowed for discovery in a standard case depends upon the complexity of the case. The trial date will be set so as to allow adequate time for discovery in light of the nature of the case.
The average amount of time allowed for discovery in a standard case.
This depends upon the complexity of the case. The trial date will be set so as to allow adequate time for discovery in light of the nature of the case.
Preferred approach and procedures for handling discovery conferences and disputes.
Lawyers should (1) use their best efforts to resolve discovery disputes promptly among themselves, and (2) bring disputes that cannot be resolved through the attorneys' meet and confer process promptly to the attention of the Court for resolution.
Preferences regarding the handling of confidentiality agreements.
The parties generally may agree to any terms they wish as between or among themselves. However, with regard to filing documents "under seal" with the Court, they should be aware of Local Rules 7.3 and 26.2 and Proctor & Gamble Co. v. Bankers Trust Co., 78 F.3d 219 (6th Cir. 1996).
Preferences regarding requests for additional pages in excess of the page limitations set forth in Local Rule 7.1(b).
Reasonable requests to exceed the page limitation will be considered, but should be avoided unless absolutely necessary.
Preferences and procedure regarding scheduling trials, including whether a date certain for trial is assigned; if so, the amount of time prior to trial that such a date certain is assigned; and the extent to which it may be moved during the month in which it has been scheduled.
All deadlines and the trial date are set at the scheduling conference. Upon a showing of good cause, those deadlines may be moved, although successive re-settings require compelling necessity.
How needs of out-of-town parties, attorneys, or witnesses are accommodated.
If made aware of specific problems, the Court will make all reasonable efforts to accommodate out-of-town attorneys, parties, etc.
Preferences regarding the delivery of written reports to the court by expert witnesses who are scheduled to testify.
Should not be delivered to the Court absent advance permission and notice to all counsel.
Preferences regarding the submission of trial briefs by counsel.
Proposed Findings of Fact and Conclusions of Law are required in non-jury trials as set forth in the scheduling order. In jury trials, briefs are encouraged, but not required. Briefs may be requested by the Court on a case-by-case basis.
Counsel participation in voir dire.
Voir dire by counsel is allowed. Voir dire is directed to the entire array, at the conclusion of which there is no further voir dire. Written peremptory challenges are directed to a specific group of the array. Vacancies in that group are filled in a specific order from the remaining jurors; thus, the attorneys know which of the remaining jurors will be called to fill the vacancy caused by the exercise of a peremptory challenge. "Back-striking" is not allowed.
Time limits for opening and closing statements at trial.
Determined on a case-by-case basis.
Preference for counsel to examine witnesses from counsel table or elsewhere, including whether you prefer counsel to remain seated while examining witnesses.
Counsel must stand when addressing the Court or examining witnesses, although they may do so from counsel table.
Whether more than one attorney may handle trial for a party.
Yes, although only one attorney may examine or assert objections as to any given witness.
Preference for handling sidebar conferences.
Sidebar conferences are allowed but discouraged. If a lengthy conference is needed, the jury will be excused.
Preference or requirements for introducing videotaped testimony.
The courtroom deputy clerk must be given advance notice (as required by the final pre-trial order) so that he may have the equipment prepared.
Pre-marking of documentary and photographic exhibits and other demonstrative evidence for trial and the date upon which exchange of exhibits is to take place, if any.
The scheduling order sets a date certain for exchanging exhibit lists. Any exhibit which may be introduced at trial should be pre-marked with sufficient copies available.
Preference for the moving of exhibits into evidence at trial.
No formal motion is required. All objections to exhibits are dealt with at or before the final pre-trial conference to the extent possible.
Allowance of examination of witnesses beyond redirect and recross.
Usually not allowed, but exceptions will be made if good cause shown.
Special requirements for reading of depositions or other material onto the record at trial.
No special requirements.
Preference for written motion and/or brief for judgment as a matter of law or judgment on the pleadings when such motion is made during trial.
Approach to in limine motions.
The scheduling order requires that motions in limine be filed in advance of, and heard at, the final pre-trial conference to the extent possible.
Practice for the receipt of proposed jury instructions, including the form of jury instruction.
See the scheduling order.
Note-Taking by jurors.
Whether the jury may take exhibits into the jury room for deliberation and, if so, any limits.
All exhibits admitted into evidence are taken into the jury room unless the Court specifically directs otherwise.
Preference regarding the submission of written verdict forms (in the form of interrogatory questions) to the jury.
Special verdict forms are utilized when necessitated by the nature of the particular case.
Written jury instructions provided to the jury.
Requirements as to counsel's whereabouts during jury deliberations.
Only that they advise where they can be reached on short notice.
Whether counsel may speak with the jurors after a verdict has been rendered and recorded and, if a jury is polled, who conducts the polling.
Absent extraordinary circumstances and permission of the Court, attorneys are not allowed to interview the jurors after verdict pursuant to local rule.
Jury requests for review of testimony or recorded evidence.
Such requests are considered on a case-by-case basis.
Handling requests for temporary restraining orders, preliminary injunctions, and other emergency relief.
As to injunctions, whether expedited discovery and briefing is allowed and, if so, whether briefing is allowed before or after any preliminary injunction hearing, and whether proposed findings of fact or conclusions of law in such cases are required.
No preference. Each case will be considered on its own merits.
Prefer to receive copies of appellate filings when an appeal has been taken from an order.
General approach to settlement in non-jury cases and use of magistrate judges.
Mediation is encouraged. Reasonable extensions of deadlines to allow the pursuit of mediation are granted. See local rules regarding judicially hosted settlement conferences.
Extent to which practices and procedures in criminal cases are varied from those in civil cases.
Procedures vary to the extent that the respective Federal Rules of Procedure so require.
Local rules control.