Counsel should review and be familiar with this Court’s local rules. Counsel must comply with all local rules absent specific order from this Court.
Judge Crytzer may conduct initial Rule 16 civil scheduling conferences and case management conferences by conference call on a case-by-case basis. Judge Crytzer will conduct final pretrial conferences in both criminal and civil cases in person in Knoxville.
Any discovery dispute in a civil case should be addressed by telephone conference with the assigned magistrate judge before a party files a motion. Parties may contact chambers of the assigned magistrate judge to request the scheduling of a phone conference.
4. Preference regarding pro hac vice admissions.
Counsel shall comply with Local Rule 83.5.
5. Preference regarding oral arguments on motions.
Generally, “motions will be disposed of routinely as soon as possible after they become at issue, unless a hearing has been requested and granted or unless the Court desires a hearing on the motion(s).” E.D. Tenn. L.R. 7.2. Where appropriate, a party may request a hearing. The Court may also schedule a hearing. If a hearing is held, and a party intends to present evidence, the party must notify the undersigned’s chambers in advance so that arrangements can be made.
6. Preference for courtesy copies of motions, briefs, and other writings for chambers.
Documents related to a hearing or trial should be filed early enough to allow for filing, recording, and review by the Court. If you must file something at the last minute, have a copy delivered immediately to chambers and bring a copy to the hearing or trial. Unless the Court instructs otherwise, regular courtesy copies shall not be mailed or hand delivered to chambers.
7. 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 the Court will deny such requests unless good cause exists and is demonstrated. Failure to comply with page limitations may result in the Court disregarding the noncompliant portion of the brief or summarily denying the underlying motion.
8. How needs of out-of-town parties, attorneys, or witnesses are accommodated.
The Court will make all reasonable efforts to accommodate all parties, attorneys, and witnesses. Counsel should raise specific issues to the Court as necessary.
9. Preferences regarding the delivery of written reports to the Court by expert witnesses who are scheduled to testify.
Written reports by purported expert witnesses who are scheduled to testify need not be filed with the Court unless a party files a Daubert motion. In that event, written reports of the purported expert witnesses being challenged should be filed with the court at least seven (7) days prior to the Daubert hearing.
10. Counsel participation in voir dire.
Judge Crytzer will conduct preliminary voir dire in both civil and criminal jury trials, but she allows counsel to conduct additional voir dire. The Court will give counsel latitude in conducting the voir dire so long as it does not become repetitive or overly intrusive. Once voir dire is completed, counsel will submit their challenges to the Court on a form provided by the courtroom deputy.
11. Time limits for opening and closing statements at trial.
Judge Crytzer will set time limits for opening and closing statements at the final pretrial conference. The limits will be based on an individual assessment of the case and its complexity.
12. Preference for counsel to examine witnesses from counsel table or elsewhere, including whether you prefer counsel to remain seated while examining witnesses.
Absent necessary accommodations, Counsel should stand when addressing the Court or making objections and should examine witnesses from the lectern. Counsel should be familiar with and comply with Local Rule 83.3 regarding Courtroom Decorum.
13. Whether more than one attorney may handle trial for a party.
More than one attorney may represent a party at trial. However, only one attorney for a party may elicit testimony from any one specific witness.
14. Preference for handling sidebar conferences.
Sidebar conferences should be kept to a minimum. Counsel should strive to raise matters that may require a sidebar in conjunction with breaks during trial when the jury is out of the courtroom, and to the extent possible should also notify the courtroom deputy as the need to address an issue approaches.
15. Preference or requirements for introducing videotaped testimony.
A party seeking to introduce videotaped testimony must give the courtroom deputy advanced notice so that he or she may have the equipment prepared to avoid a disruption in the progression of the trial.
16. 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.
In a civil case, the pre-marking of exhibits and dates for exchange are set forth in the case scheduling order. In a criminal case, the Court’s preferences for pre-marking evidence will be discussed before trial.
17. Preference for the moving of exhibits into evidence at trial.
Unless admitted pretrial via stipulation, the parties should move to admit each exhibit at or around the time it is presented at trial before it is published to the jury. Each exhibit should be admitted individually and not collectively. All known objections to exhibits should be addressed at or before the final pretrial conference to the extent possible.
18. Allowance of examination of witnesses beyond redirect and recross.
The Court will not allow examination of witnesses beyond redirect and recross absent exceptional circumstances.
19. Special requirements for reading of depositions or other material onto the record at trial.
No special requirements. The Court will address any specific issues as they arise.
20. 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.
No written motion or brief is required.
21. Approach to in limine motions.
Judge Crytzer’s scheduling order addresses the requirements and deadlines for motions in limine in a civil case. In a criminal case, motions in limine should be filed at least fifteen (15) days before trial. The Court may consider motions in limine at the final pretrial conference.
22. Practice for the receipt of proposed jury instructions, including the form of jury instruction.
The procedure for proposed jury instructions is set forth in Local Rule 51.1 and may be modified by the scheduling order in a particular case. Judge Crytzer specifically addresses jury instructions in her scheduling order in civil cases.
23. Note-Taking by jurors.
24. Whether the jury may take exhibits into the jury room for deliberation and, if so, any limits.
The Court will release admitted evidence to the jury during deliberations unless the court specifically directs otherwise. The jury can play evidence back in the deliberation room.
25. Preference regarding the submission of written verdict forms (in the form of interrogatory questions) to the jury.
Judge Crytzer routinely submits written verdict forms to the jury. Counsel should submit proposed verdict forms to the Court for consideration in advance of the final pretrial conference.
26. Written jury instructions provided to the jury.
In addition to Judge Crytzer charging the jury, the Court will provide written instructions to the jury.
27. Requirements as to counsel’s whereabouts during jury deliberations.
Counsel who leave the vicinity of the courtroom during jury deliberation should notify the courtroom deputy of his or her whereabouts and be able to return to court within ten (10) minutes of being notified to do so.
28. 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.
Judge Crytzer adheres to Local Rule 48.1 with regard to interrogation of jurors after a trial has concluded. If the jury is polled, Judge Crytzer will conduct the polling.
29. Jury requests for review of testimony or recorded evidence.
The Court will release admitted evidence to the jury during deliberations unless the court specifically directs otherwise. The jury can play evidence back in the deliberation room. If any issues arise, they will be decided on a case-by-case basis.
30. Handling requests for temporary restraining orders, preliminary injunctions, and other emergency relief.
If a party files a motion for emergency relief, the filing party should also email the motion and any documents filed in support to chambers, copying counsel for all parties.
31. Prefer to receive copies of appellate filings when an appeal has been taken from an order.
The Court does not need to receive such copies.
32. Communications with the media regarding a case.
Local Rules control, including Local Rule 83.2.
Preferences Specific to Civil Case
Judge Crytzer’s standard form civil scheduling order is available on the Court’s website. But she gives considerable weight to the input of counsel in setting discovery deadlines and a trial date. The time allowed for discovery in a case will depend primarily upon its complexity. The trial date will be set to allow adequate time for discovery and prompt motions practice.