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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
IN RE:
CASES ASSIGNED TO
JUDGE SARAH E. GERAGHTY
STANDING ORDER REGARDING CIVIL LITIGATION
This case has been assigned to Judge Sarah E. Geraghty. The purpose
of this order is to inform the parties and their counsel of the Court’s policies,
procedures, and practices. It is issued to promote the just and efficient
determination of the case. This order, in combination with this Court’s Local
Rules and the Federal Rules of Civil Procedure, shall govern this case,
superseding any previous case instruction orders. This order is available on
the Court’s website at https://www.gand.uscourts.gov/instructions-individual-
judges.
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TABLE OF CONTENTS
I.
GENERAL MATTERS ................................................................................. 4
A. Applicable Rules ...................................................................................... 4
B. Contacting Chambers .............................................................................. 4
C. Transcripts ............................................................................................... 5
D.
Courtesy Copies of Documents ............................................................... 5
E. Labeling E-Filed Exhibits and Attachments ......................................... 6
F.
Admission of Counsel Pro Hac Vice ....................................................... 6
G.
Electronic Filing Required for All Counsel ............................................ 6
H.
Withdrawal or Substitution of Counsel ................................................. 7
I.
Representation of Corporations .............................................................. 7
J.
Limited Liability Companies; Jurisdiction ............................................ 8
II.
PRO SE LITIGANTS ................................................................................... 8
A. In General ................................................................................................ 8
B.
Communications and Filings .................................................................. 9
C.
Service of Documents ............................................................................ 11
III. CASE ADMINISTRATION ........................................................................ 13
A. Conferences ............................................................................................ 13
B. Proposed Orders .................................................................................... 13
C.
Extensions of Time ................................................................................ 14
D. Page Limit Extensions .......................................................................... 14
E.
Stipulations Regarding Time and Page Extensions ............................ 15
F.
Page Limits for Objections to Magistrate Judges’ Reports and
Recommendations ................................................................................. 15
G.
Motions to Seal ...................................................................................... 15
H.
Anticipated Settlements; Alerting the Court....................................... 15
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IV. DISCOVERY ............................................................................................... 16
A.
General Principles of Discovery............................................................ 16
B.
Joint Preliminary Report and Discovery Plan ..................................... 17
C. Initial Disclosures ................................................................................. 17
D.
Discovery Responses; Boilerplate and General Objections ................. 18
E. Interrogatories ....................................................................................... 18
F.
Requests for Production or Inspection ................................................. 19
G.
Requests for Admission ......................................................................... 20
H. Depositions ............................................................................................ 21
I.
Discovery Disputes; Requirements Before Filing Certain Discovery
Motions .................................................................................................. 21
J.
Confidentiality Agreements, Protective Orders, and Motions to
Seal ......................................................................................................... 23
V.
MOTIONS FOR SUMMARY JUDGMENT .............................................. 25
A. Record References ................................................................................. 25
B.
Statement of Material Facts & Response ............................................ 26
C.
Requests for Oral Argument ................................................................. 27
VI. PRETRIAL ORDER, PRETRIAL CONFERENCE AND TRIAL ............. 27
A. Pretrial Order ........................................................................................ 27
B. Pretrial Conference ............................................................................... 29
C.
Time in Court During Trial .................................................................. 30
D. Voir Dire ................................................................................................ 30
E.
Courtroom Procedure at Trial .............................................................. 32
F.
Courtroom Technology .......................................................................... 35
G. Jury Instructions ................................................................................... 36
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I.
GENERAL MATTERS
A.
Applicable Rules
Attorneys and pro se litigants (parties without an attorney)
appearing in this court in civil litigation must observe three sets of
rules:
1.
The Federal Rules of Civil Procedure (“Fed. R. Civ. P.”).
2.
The Local Rules for the Northern District of Georgia (“LR,
NDGA”).
3.
The rules contained in this Standing Order.
The Federal and Local Rules are available under the “Rules” tab
on the Court’s website: http://www.gand.uscourts.gov.
B.
Contacting Chambers
Stephanie Pittman, the Courtroom Deputy Clerk, is your principal
point of contact on matters related to this case. Please note that Ms. Pittman
is often in the courtroom, so telephone messages may not be returned for 24
hours. The contact information for Ms. Pittman is as follows:
Ms. Stephanie Pittman
Courtroom Deputy Clerk
2321 United States Courthouse
75 Ted Turner Drive, SW
Atlanta, GA 30303-3309
(404) 215-1494
Stephanie_Pittman@gand.uscourts.gov
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Neither the parties nor their counsel should discuss the merits of the case
with Ms. Pittman or any of the Court’s law clerks.
C.
Transcripts
Requests for trancripts should be directed to the official court reporter
who took down the proceeding. Contact information for all of the District
Court reporters is available on the Court’s website at http://www.gand.
uscourts.gov/directory-court-reporters.
D.
Courtesy Copies of Documents
Except for emergency motions filed pursuant to Local Rule 7.2(B),1 the
delivery of a hard copy of a document, in addition to the electronically filed
copy, is not necessary, as the Court prefers to rely on its electronic access to
court filings. The Court may, however, request courtesy copies of motions
with voluminous exhibits.
If they are requested, courtesy copies of documents may be hand-
delivered to chambers in Room 2321 on the 23rd floor of the Richard B.
Russell Federal Building or submitted by regular mail to the attention of the
Courtroom Deputy Clerk at the above-provided address.
1 Pro se litigants are not required to provide courtesy copies of documents for
cases before Judge Geraghty.
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Courtesy copies of motions and exhibits should be printed double-sided
directly from the docket on the CM/ECF system with the docket header
across the top of the document so that the case number, docket number, and
page numbers appear on each page. Courtesy copies should be assembled in
a tabbed, indexed three-ring binder.
E.
Labeling E-Filed Exhibits and Attachments
The parties should label all electronically uploaded exhibits and
attachments according to their content. For example, documents should be
uploaded as Ex. A: Smith Deposition, Ex. B: Employment Contract, and Ex.
C: Jones Letter, rather than Ex. A, Ex. B, and Ex. C.
F.
Admission of Counsel Pro Hac Vice
In the event that lead counsel has been admitted pro hac vice, local
counsel is required to be familiar with the case and may be called upon to
attend hearings or participate in conferences on behalf of the lead counsel.
G.
Electronic Filing Required for All Counsel
All counsel — including counsel admitted pro hac vice — must register
and participate in the Court’s electronic filing system, CM/ECF (Case
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Management/Electronic Case Filing). For further information about
electronic filing, please consult:
(1)
Standing Order 19-01 at https://www.gand.uscourts.gov/sites/
default/files/NDGARulesAppH.pdf
(2)
Local Rule 5.1, NDGa
(3)
Instructions under the “Electronic Filing” tab on the Court’s
website at https://www.gand.uscourts.gov/electronic-case-filing-
information.
Failure to register for the Court’s electronic filing system may prevent
counsel from receiving notification of documents filed in their cases.
H.
Withdrawal or Substitution of Counsel
Counsel should comply with Local Rule 83.1, NDGa, when substituting
or withdrawing as counsel. Counsel who do not comply with this Local Rule
will not be permitted to withdraw from the case until compliance is achieved.
I.
Representation of Corporations
Corporate entities must be represented by an attorney. A corporate
officer may not represent the corporation unless that officer is also licensed to
practice law in Georgia. See Local Rule 83.1, NDGa. Failure to comply with
this rule can result in dismissal of a corporation’s complaint or default being
entered against the corporation.
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J.
Limited Liability Companies; Jurisdiction
For cases brought before the Court based on diversity of citizenship
under 28 U.S.C. § 1332, the Court must decide whether it has jurisdiction
based on the citizenship of individuals and entities. In cases in which one or
more parties is a limited liability company, partnership, or similar entity, the
removing party must provide the Court with the identity and citizenship of
each of the entity’s members and sub-members (or partners and sub partners),
until the Court is left only with individuals or corporations to evaluate for
diversity of citizenship purposes. Counsel representing limited liability
companies (LLCs) in diversity cases are encouraged to read the following
decisions of the Eleventh Circuit Court of Appeals: Rolling Greens MHP, L.P.
v. Comcast SCH Holdings LLC, 374 F.3d 1020 (11th Cir. 2004); Mallory &
Evans Contractors & Eng’rs, LLC v. Tuskegee Univ., 663 F.3d 1304 (11th Cir.
2011); Purchasing Power, LLC v. Bluestem Brands, Inc., 851 F.3d 1218 (11th
Cir. 2017).
II.
PRO SE LITIGANTS
A.
In General
Parties proceeding pro se (without an attorney) are advised that they
must comply with the Federal Rules of Civil Procedure (“Fed. R. Civ. P.”), as
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well as the Local Rules of the United States District Court for the Northern
District of Georgia (“LR, NDGa.”). Pro se parties may obtain certain materials
and hand-outs from the Office of the Clerk of Court located on the 22nd Floor
of the United States Courthouse, 75 Ted Turner Drive, SW, Atlanta, Georgia.
Many
documents
are
also
available
on
the
Court’s
website
at
www.gand.uscourts.gov. Pro se litigants may also use the law library located
on the 23rd floor of the United States Courthouse at the above provided
address. The Federal Bar Association has created a handbook for litigants who
are representing themselves in federal court. This handbook is available at
https://www.fedbar.org/wp-content/uploads/2019/12/Pro-Se-Handbook-
APPROVED-v2019-2.pdf.
B.
Communications and Filings
Parties litigating a case in federal court should not have ex parte
communications with the judge or the judge’s staff. “Ex parte
communications” mean any contact with the judge or judge’s staff outside the
presence of the opposing party or opposing party’s counsel. This includes, but
is not limited to, telephone calls, written correspondence, or in-person
contact, by one party or party’s counsel.
If a litigant seeks court action, the appropriate procedure is to put the
request in writing, in the form of a motion, file the motion with the Clerk’s
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Office, and serve the opposing party or party’s counsel. See Fed. R. Civ. P. 5;
Local Rule 5.1 and 5.2, NDGa.; see also Local Rule 7.4, NDGa.
(“Communications to judges seeking a ruling or order, including an extension
of time, shall be by motion and not by letter. A letter seeking such action
ordinarily will not be treated as a motion.”)
All filings must be submitted to the Clerk’s Office for inclusion in the
record of the case. Pro se litigants may send their filings by mail to the
following address:
Office of the Clerk
Room 2211
United States Courthouse
75 Ted Turner Drive, SW
Atlanta, GA 30303
Alternatively, filings may be submitted in person at the Clerk’s Office on the
22nd floor of the United States Courthouse located at 75 Ted Turner Drive,
SW, Atlanta, GA 30303. The Clerk’s Office is open from 8:00 AM - 4:45 PM,
Monday-Friday. A drop box for filings is available Monday-Friday until 6:00
PM. Any filings left in the drop box will be deemed filed as of the date they
are left in the drop box. All filings should include a case number. Questions
regarding filing documents should be directed to the Clerk’s Office helpline at
(404) 215-1655 between 8:00 AM and 4:45 PM, Monday - Friday. Emails to
the Courtroom Deputy Clerk do not constitute official filings with the Court.
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Pro se parties are required to keep the Court advised of their current
address at all times while the case is pending. Local Rule 83.1(D)(3), NDGa
states that counsel and pro se parties have a duty to notify the Clerk’s Office
by letter of any change in address and/or telephone number.
Pro se parties are encouraged to provide the opposing party/counsel
with an email address for purposes of communicating regarding the case and
serving copies of pleadings filed and served via regular mail. If a pro se party
provides an email address, opposing counsel shall serve copies of all
pleadings by email and regular mail. Pro se parties are advised, however,
that the Court will serve them orders and notices by mail only and not by
email.
C.
Service of Documents
The Clerk of Court and the U.S. Marshals Service will not serve
documents filed by any party unless expressly directed to do so by the Court.
The Court will only direct the Clerk or the U.S. Marshals Service to serve
documents in the following instances:
(1) In the event a plaintiff is granted leave to proceed in forma
pauperis (without prepayment of fees), the Court will direct
the Clerk to prepare (and deliver to the U.S. Marshals Service
if necessary) a service package containing the complaint or
other case initiating document(s); or
(2) In exceptional circumstances under the Court’s discretion.
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Under other circumstances, parties must hire a private process server.
The National Association of Professional Process Servers provides a search
engine for locating process servers at its website www.napps.org.
A pro se plaintiff is required to provide the Clerk with an original of
any further pleadings or other papers filed with the Court after the
complaint. A pro se plaintiff is further required to serve upon the
defendant(s) or counsel for the defendant(s),2 a copy of every additional
pleading or other paper described in Rule 5 of the Federal Rules of Civil
Procedure.
Each pleading or paper described in Rule 5, including papers related to
discovery required to be served, motions, notices and similar papers, shall
include a certificate stating the date on which an accurate copy of that
pleading or document was served (e.g., mailed or hand-delivered) on the
defendant(s) or their counsel.
Please note that a motion is considered unopposed if the deadline for a
response passes without a response being filed. See Local Rule 7.1B, NDGa.
Furthermore, under Local Rule 56.1, NDGa, if a party files a motion for
summary judgment, the failure by the responding party to contest the
2 Once counsel for a party has appeared in the case, it is not necessary to serve
the party individually; service on counsel is sufficient.
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movant’s statement of material facts will be taken as an admission of those
facts not objected to in respondent’s statement.
III.
CASE ADMINISTRATION
A.
Conferences
Scheduling, discovery, pretrial, and settlement conferences promote the
speedy, just, and efficient resolution of cases. Therefore, any party is
welcome to request a conference with the Court when the party believes that
a conference will be helpful and the party has specific goals for the
conference. Conferences may be requested by contacting the Courtroom
Deputy Clerk.
B.
Proposed Orders
Please provide a proposed order for (1) consent, unopposed, or joint
motions; (2) motions seeking an extension of time, and (3) motions seeking an
extension of page limitations. The proposed order should be filed along with
the motion by CM/ECF. In all other instances, no proposed order is required
unless specifically requested.
When a party is required to submit proposed findings of fact and
conclusions of law, see Local Rule 16.4B(25), NDGa, the filing party should
provide an electronic copy of the document in Microsoft Word format to the
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Courtroom Deputy Clerk, Ms. Pittman, at Stephanie Pittman@gand.
uscourts.gov. The party should also file a copy of the document on the docket
of the case.
C.
Extensions of Time
The Court, along with the parties, is responsible for processing cases
toward prompt and just resolutions. To that end, the Court seeks to set
reasonable but firm deadlines. Motions for extension, whether joint,
unopposed, or designated as consent, will not be granted as a matter of
course. Parties seeking an extension should explain with specificity the
unanticipated or unforeseen circumstances necessitating the extension and
should set forth a timetable for the completion of the tasks for which the
extension is sought. Whenever possible, parties should indicate whether the
opposing party consents to the extension. The parties are encouraged to file
any motion requesting an extension at least 2 days before the deadline in
question.
D.
Page Limit Extensions
Requests for extensions of the page limits in the Local Rules will not be
granted as a matter of course. Parties seeking an extension of the page limit
must do so at least 2 days in advance of their filing deadline and should explain
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with specificity the circumstances necessitating additional pages. Whenever
possible, parties should indicate whether the opposing party consents to the
request for additional pages.
E.
Stipulations Regarding Time and Page Extensions
Parties may not stipulate to extensions of time or additional pages.
Instead, the Court requires the parties to file a motion, as explained above.
F.
Page Limits for Objections to Magistrate Judges’ Reports
and Recommendations
Objections and responses to objections shall be limited to 15 pages,
absent special permission of the Court.
G.
Motions to Seal
Please see page 24.
H.
Anticipated Settlements; Alerting the Court
When all parties to a matter have reached a tentative settlement or
agreed to a settlement in principle, but have not yet completed all steps
necessary to document the settlement, they should alert the Court to this
status by filing a Notice of Settlement (or Notice of Tentative Settlement)
that indicates the amount of time needed to complete the settlement process
and dismiss the action. This notice does not end the case. Once the
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settlement is finalized, the parties must complete the final step of dismissing
the case. See Fed. R. Civ. P. 41.
IV.
DISCOVERY
A.
General Principles of Discovery
In conducting discovery, counsel and pro se litigants should be guided
by courtesy, candor and common sense, and should conform to the Federal
Rules of Civil Procedure, the Local Rules and applicable orders. In
particular, counsel and pro se litigants should have in mind the restrictions
on the scope of discovery stated in Federal Rule of Civil Procedure 26(b) and
the good faith obligations in Rule 26(g). Direct and informal communication
between counsel is encouraged to facilitate discovery and resolve disputes.
All discovery must be served early enough so that the responses thereto
are due on or before the last day of the discovery period. Requests for
extension of the discovery period or deadlines within the discovery period
must be made in accordance with Local Rule 26.2(B), NDGa. All requests for
extensions of the discovery period must be made by motion filed prior to the
expiration of the existing discovery period. Stipulations between the parties
for the extension of discovery do not constitute official extensions. Any
extension must be made by order of the Court. The Court does not allow
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evidence at trial which was requested and not revealed during the discovery
period.
B.
Joint Preliminary Report and Discovery Plan
Prior to filing the Joint Preliminary Report and Discovery Plan, lead
counsel for all parties are required to confer in an effort to settle the case,
discuss discovery, limit issues, and discuss other matters. Local Rule 16.1,
NDGa. With respect to deadlines addressed in the Report, the Court requires
specific due dates to be provided. For example, the parties should state in the
proposed Scheduling Order submitted with the Report the dates for the end
of discovery based on the track set forth by the Court for the category of case
involved, for the filing of dispositive motions, and for the filing of the Pretrial
Order. In certain cases, the Court may schedule a Rule 16 conference.
Whether a conference will be scheduled generally will be determined after
the Court reviews the Joint Preliminary Report and Discovery Plan. The
Court will typically schedule a conference if any party so requests.
C.
Initial Disclosures
The judge expects the parties to take seriously their obligations under
Fed. R. Civ. P. 26(a)(1). Initial disclosures should be as complete as possible
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based upon information reasonably available. Responses may not be reserved
for later supplementation.
D.
Discovery Responses; Boilerplate and General Objections
Federal Rules of Civil Procedure 33(b)(4) and 34(b)(2)(B) prohibit
boilerplate and general objections in response to discovery requests. Parties
should not carelessly invoke the usual litany of rote objections, i.e., attorney-
client privilege, work-product immunity from discovery, overly broad/unduly
burdensome, irrelevant, not reasonably calculated to lead to the discovery of
admissible evidence. Instead, each individual discovery request must be met
with specific objections which apply to each request. Any general objections
shall be disregarded by the Court.
E.
Interrogatories
The parties are expected to observe the limitations regarding the
number and scope of interrogatories as stated in Fed. R. Civ. P. 26(b) and 33.
Counsel’s or a pro se litigant’s signature on the interrogatories constitutes a
certification of compliance with those limitations. Interrogatories should be
brief, straightforward, neutral, particularized, and capable of being
understood by jurors when read in conjunction with the answer. Ordinarily,
they should be limited to requesting objective facts, such as the identification
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of persons or documents, dates, places, transactions, and amounts.
Argumentative interrogatories, attempts to cross-examine, and multiple
repetitive interrogatories are objectionable.
Federal Rule of Civil Procedure 33(b)(3) requires the respondent to
provide separate written answers to each interrogatory unless it is objected
to. If an objection is made, the reason(s) for the objection shall be stated and
the interrogatory is to be answered to the extent it is not objectionable. When
in doubt about the meaning of an interrogatory, give it a reasonable
interpretation (which may be specified in the response) and answer it so as to
provide rather than deny information. Generally, the responding party is
required to produce information only in the form in which it is maintained or
is available. If an answer is made by reference to a document, attach it or
identify it and make it available for inspection. Generalized cross-references,
such as to a deposition, are not acceptable answers. If an objection is based
on privilege, the claim of privilege must be supported by a statement of
particulars sufficient to enable the Court to assess its validity.
F.
Requests for Production or Inspection
Please consult Fed. R. Civ. P. 26(b) and 34 about the permissible scope
of discovery and objections. To the extent possible, requests should specify
with particularity the title and description of documents or records
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requested. (Information needed for specification can often be obtained by
informal discovery, deposition, or interrogatories, if necessary.) The
certification requirement of Fed. R. Civ. P. 26(g) applies.
When responding to requests, materials (including electronically stored
information) should be produced in accordance with Fed. R. Civ. P.
34(b)(2)(E). Documents should be produced either (1) with labels
corresponding to the categories in the specific requests to which they respond,
or (2) in a format that makes it clear which document is responsive to each
particular request. Opening a warehouse for inspection by the requesting
party, burying the responsive documents in a mass of materials, and similar
procedures do not meet the good faith requirements of the rules.
G.
Requests for Admission
Requests for admission are an economical and efficient means of
narrowing issues and making a record of informal exchanges of information,
stipulations, and matters subject to judicial notice. Each request should be
brief, clear, simple, addressed to a single point and stated in neutral,
nonargumentative language. Requests ordinarily should deal with only
objective facts. The counsel’s or pro se litigant’s signature certifies
compliance with Fed. R. Civ. P. 26(g). Fed. R. Civ. P. 36(a)(4) requires that a
response specifically deny a matter or set forth in detail the reasons why the
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party cannot admit or deny. A denial shall fairly meet the substance of the
request, and when good faith requires, a party shall specify so much as is
true and qualify or deny the remainder. The responding party has a duty to
make reasonable inquiry before responding.
H.
Depositions
Barring extraordinary circumstances, opposing counsel and pro se
litigants should be consulted, and the convenience of counsel, witnesses, and
the parties accommodated, before a deposition is noticed.
Questions should be brief, clear, and simple. A deposition should not be
used to harass or intimidate a witness.
Under Fed. R. Civ. P. 30(c)(2), objections to the manner of taking the
deposition, to the evidence, or to the conduct of a party shall be noted on the
record, but the evidence objected to shall be taken subject to the objection. In
the absence of a good faith claim of privilege, instructions not to answer are
rarely justified.
I.
Discovery Disputes; Requirements Before Filing Certain
Discovery Motions
Notwithstanding Local Rule 37.1, NDGa, prior to filing any motion
related to discovery, including but not limited to motions to compel discovery,
to quash a subpoena, for a protective order, or for sanctions (with the
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exception of unopposed, consent, or joint motions to extend the discovery
period), the movant, after conferring with the respondent in a good-faith
effort to resolve the dispute by agreement, must contact the Courtroom
Deputy Clerk, Ms. Pittman, by email, copying opposing counsel, to notify her
that there is a discovery dispute. The Court will then likely schedule a
conference call. Prior to the call, the Court will typically request that each
side submit a brief statement by email of no more than 3 pages setting forth
the issues in advance of the conference call. If the statements refer to specific
discovery requests, those requests should be provided in their entirety with
the parties’ response. Ms. Pittman will then schedule a conference call in
which the Court will attempt to resolve the matter without the necessity of a
formal motion, and a court reporter will be provided by the Court to take
down the conference call. Please note that any motions to compel, to quash a
subpoena, or for sanctions will be denied without prejudice if this procedure
is not followed by any party.
In addition, if any party has a dispute with a non-party (e.g., regarding
a subpoena), the party and the non-party must follow these instructions, and
the party must promptly inform the non-party of this discovery-dispute policy.
If the non-party requires the Court’s involvement in resolving the dispute, it
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should not file a motion, but rather, should follow the procedure detailed in
this subparagraph.
The Court usually is available by telephone to resolve objections and
disputes that arise during depositions. Counsel should not hesitate to call
Judge Geraghty (404-215-1490) if a bona fide dispute arises during a
deposition that the parties cannot resolve despite a good-faith effort to do so.
J.
Confidentiality Agreements, Protective Orders, and
Motions to Seal
The Court discourages the excessive use of consent protective
confidentiality orders that allow counsel to designate documents, tangible
things, and information as “Confidential” and/or “Confidential—For
Attorney’s Eyes Only.” While the Court recognizes the legitimacy of such
orders in some cases, the Court’s experience is that such orders are used
more often than truly necessary. The Court is aware that the parties will at
times agree to designate documents as “confidential.” However, the Court will
not approve consent protective orders that conflict with the Court’s view on
the sealing of materials.
As a guide to counsel, the Court notes that (in most cases) documents,
tangible things, and information ordinarily are not truly confidential unless
they constitute either (1) a “trade secret,” as defined by Section 1(4) of the
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Uniform Trade Secrets Act, or for cases applying Georgia law, O.C.G.A. § 10-
1-761(4); (2) personal identifying information, such as a Social Security
number; or (3) personal health information protected by the Health Insurance
Portability and Accountability Act. Counsel should also be aware that the
Court is not hesitant to sanction a party and/or counsel for abusing a
protective confidentiality order by too readily designating documents,
tangible things, and/or information as “Confidential” and/or “Confidential—
For Attorney’s Eyes Only.”
If the parties find that a confidentiality agreement or protective order
is necessary, the parties must follow the practice for filing and sealing
documents as described in the Court’s Procedure for Electronic Filing Under
Seal in Civil Cases,3 and must include the following provision in any proposed
agreement or protective order submitted for the Court’s consideration:
Any documents (including briefs), tangible things, or information
designated as Confidential that are submitted to the Court in
support of or in opposition to a motion or introduced at a hearing
or during trial may retain their protected confidential status only
by compliance with the Court’s Procedures for Electronic Filing
Under Seal in Civil Cases.
For documents filed other than during a hearing or trial, as a general
3 This document is available at http://www.gand.uscourts.gov/sites/default/
files/NDGARulesAppH.pdf.
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matter, this Court will seal only those items enumerated in the Court’s
Standing Order 04-024 regarding sensitive information and public access to
electronic case files.
As further clarification, the Court notes that a mere reference or
discussion of confidential information does not warrant sealing of the entire
document and all attachments to be filed. Instead, the Court is only
interested in sealing (or filing in a redacted format) very specific portions of
documents that contain or refer to confidential information. The parties
should refrain from sealing an entire document when only certain
information is confidential.
In addition, the Court will normally not seal documents used in open
court at a hearing or trial absent extraordinary circumstances.
V.
MOTIONS FOR SUMMARY JUDGMENT
A.
Record References
All citations to the record evidence should be contained in each party’s
brief, not just in the party’s statement of undisputed (or disputed) facts. If
citing a document that has previously been docketed, the party’s citation
4 This document is available at http://www.gand.uscourts.gov/system/files/
Standing Order 04-02.pdf.
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should include the number of the docket entry where the document appears.
Pinpoint citations should provide the page number stamped by the Court’s
electronic filing system on the heading of the document. For example: [Doc.
100 at 20].
The party should include in the brief, immediately following a
deposition reference, a citation indicating the page of the transcript where
the referenced testimony can be found. The party need not attach to the brief
a copy of the entire deposition transcript. The entire deposition transcript is
to be filed separately under a notice of filing original deposition transcript.
B.
Statement of Material Facts & Response
Local Rule 56.1(B), NDGa, contains information on the form for a
movant’s statement of material facts. “Each material fact must be numbered
separately and supported by a citation to evidence proving such fact.” Local
Rule 56.1(B), NDGa (emphasis added). A party responding to a statement of
material facts shall copy into its response document the numbered statement
to which it is responding and provide its response to that statement
immediately following.
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C.
Requests for Oral Argument
In accordance with Local Rule 7.1(E), motions are usually decided
without oral argument, but the Court may ask for argument and will
consider any request for a hearing. If oral argument is requested, the party
should specify the particular reasons argument may be helpful to the Court
and what issues will be the focus of the proposed argument. The Court will
look favorably on requests for oral argument in any case in which a lawyer
with less than five (5) years experience will be chiefly responsible for oral
argument.
VI.
PRETRIAL ORDER, PRETRIAL CONFERENCE AND TRIAL
A.
Pretrial Order
The proposed consolidated Pretrial Order shall be filed no later than 30
days after the close of discovery, or entry of the Court’s ruling on any pending
motions for summary judgment, whichever is later, unless another specific
date has been set by the Court.
The statement of contentions in the Pretrial Order governs the issues
to be tried. Plaintiff should make certain that all theories of liability are
explicitly stated, together with the type and amount of each type of damage
sought. The specific actionable conduct should be set out and, in a multi-
defendant case, the actionable conduct of each Defendant should be
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identified. Defendant should explicitly set out any affirmative defenses upon
which it intends to rely at trial, as well as satisfy the above requirements
with respect to any counterclaims.
Prior to listing questions which the parties request that the Court
propound to the jurors concerning their legal qualifications to serve or
questions which the parties wish to propound to the jurors on voir dire
examination, please review the qualifying and background questions listed in
Exhibits A and B to this Standing Order that are regularly asked by the
Court in all civil trials. Please do not duplicate any of these questions in your
proposed voir dire requests.
The exhibits intended to be introduced at trial shall be specifically
identified. The parties shall mark their exhibits using Arabic numbers
(Plaintiff’s Exhibits 1 or Plaintiff Jones-1 if more than one plaintiff, for
example). The parties shall adhere to the guidelines of color coding of exhibit
stickers set forth in Local Rule 16.4B (19)(b), NDGa.
In listing witnesses or exhibits, a party may not reserve the right to
supplement their list nor may a party adopt another party’s list by reference.
Witnesses and exhibits not identified in the Pretrial Order may not be used
during trial unless a party can establish that the failure to permit their use
would cause a manifest injustice.
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In preparing the Pretrial Order, each party shall identify to opposing
counsel each deposition, interrogatory, or request to admit response, or
portion thereof, which the party expects to or may introduce at trial, except
for impeachment. All exhibits, depositions, and interrogatory and request to
admit responses shall be admitted at trial when offered unless the opposing
party indicates an objection to it in the Pretrial Order.
B.
Pretrial Conference
The Court will conduct a pretrial conference prior to trial. The purpose
of the conference is to simplify the issues to be tried, rule on evidentiary
objections raised in the Pretrial Order and motions in limine, and review
proposed voir dire requests.
The attorneys for all parties are directed to meet together by
agreement, initiated by counsel for the Plaintiff, no later than 10 days before
the date of the pretrial conference to discuss settlement, and stipulate to as
many facts and issues as possible.
At the pretrial conference, the parties will be required to identify the
specific witnesses that will be called in their case-in-chief. The Court may
require the parties to bring to the pretrial conference those exhibits they plan
to introduce at trial and to which there are objections, so that the Court may
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consider the objections. Unless otherwise indicated, the Court will decide
motions in limine prior to or at the pretrial conference.
C.
Time in Court During Trial
The Court usually is in session from 9:00 a.m. until 5:00 p.m. There
will be a 15 minute recess mid-morning and again mid-afternoon, as well as a
lunch break.
When the jury is in the courtroom, it is the Court’s and the litigants’
responsibility to use the jury’s time efficiently. If matters need to be taken up
outside the presence of the jury, they should be raised during breaks or before
the start of the trial day.
D.
Voir Dire
Voir dire will be conducted as follows. In civil cases that are not
expected to last more than one week, the Court will empanel eight jurors.
The panel from which the eight will be selected will normally consist of
eighteen to twenty prospective jurors. The Court may empanel additional
jurors for cases expected to last more than one week. The number to empanel
will be determined after receiving input from the parties. Except in unusual
circumstances, no alternates will be empaneled for civil cases.
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During voir dire, the Court will briefly inform the jury of the name and
nature of the case and ask a series of qualifying questions contained in the
list attached as Exhibit A. Counsel may request that additional qualifying
questions be asked by the Court. The Court will then ask each juror to
verbally respond to a series of background questions that are contained in the
list attached as Exhibit B. Following the qualifying and background
questions asked by the Court, counsel for each side will be permitted to
question the jurors collectively and/or individually using voir dire questions
previously approved by the Court and to question any juror as a follow-up to
that juror’s previous response to a qualifying or background question. The
Court typically will permit each party no more than 20 minutes for questions
and follow-up.
The jury will then be excused from the courtroom for a 15 minute
recess to permit counsel time to review their notes prior to striking the jury.
All challenges for cause will be heard at this time. Prior to returning the jury
to the courtroom, the Court will consider any requests by counsel to ask any
brief follow-up questions to any particular juror(s). After the Court rules on
any such requests, the jury will be brought back into the courtroom.
After the Court asks any necessary follow-up questions, counsel shall
strike the jury. Each side shall be entitled to 3 peremptory strikes. The
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Courtroom Deputy Clerk will pass the peremptory strike sheet back and forth
between counsel, beginning with plaintiff, and counsel will write one juror
number to be stricken. This will continue until each side has exercised its
allotted strikes. The Court will then call the names of the jurors who have
been selected, and they will take a seat in the jury box. At this time, counsel
may make motions challenging the makeup of the jury at a sidebar. The
remaining panel will be excused, and the selected jury will be sworn.
E.
Courtroom Procedure at Trial
Opening statements generally are limited to 20 minutes per side.
Closing arguments generally are limited to 30 minutes per side. Parties
requesting more time for these presentations must seek leave of Court at the
pretrial conference.
It is each party’s responsibility to have enough witnesses on hand for
each day’s proceedings.
To assist the Court Reporter, all communications to the Court should
be made before a microphone from a position at counsel table or from the
lectern. During trial, a portable microphone is available that will allow
counsel to move about the courtroom. Any witness not testifying from the
witness stand must also use a portable microphone.
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Arrangements with the Courtroom Deputy Clerk for the use of
chalkboards, view boxes, tripods, or other visual aids should be made
sufficiently in advance so that they may be set up while court is not in
session.
Exhibits must be examined and marked before trial in compliance with
Local Rule 16.4, NDGa. A notebook containing all exhibits should be tendered
to the Courtroom Deputy Clerk prior to the start of trial, for use by the judge
on the bench during proceedings.
Because enlarged exhibits and demonstrative boards are often placed
on an easel in front of the jury and thus out of the Court’s view, it would be
helpful if counsel, when showing such an exhibit or board to the jury, would
provide the Court with a small (e.g., letter or legal-sized) copy of the exhibit
or board so the Court can view its contents.
All papers intended for the judge should be handed to the Courtroom
Deputy Clerk, who will pass them to the judge. Counsel are not required to
obtain permission from the judge to approach a witness in order to show the
witness an exhibit or other document.
Only one attorney per party may object to the testimony of a witness
being questioned by an opposing party. The objection must be made by the
attorney who has conducted or is to conduct the examination of the witness.
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Offers or requests for stipulations should be made privately, not within
the hearing of the jury.
Counsel should refrain from putting any matter before the jury in the
form of a question that counsel knows or expects will be subject to an
objection that is likely to be sustained. Such matters should be taken up with
the Court outside the presence of the jury.
Counsel should not ordinarily make motions in the presence of the jury.
Such matters may be raised at the first recess or at sidebar. A motion for
mistrial must be made immediately, but the Court may require argument at
the next recess or excuse the jury. When making an objection, counsel shall
state only the legal basis of the objections (e.g., “leading” or “hearsay”) and
should not elaborate, argue, or refer to other evidence unless asked to do so
by the judge.
Counsel should not address comments or questions to each other. All
arguments, objections, and motions should be addressed to the Court. The
Court expects approximately six hours of testimony per day in jury trials and
will not allow sidebar conferences or lengthy hearings outside the presence of
the jury to disrupt the orderly presentation of evidence.
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F.
Courtroom Technology
Our courtroom has various electronic equipment for use by counsel at
trial. For more information on the equipment, or to schedule an opportunity
to test the equipment, please contact the Courtroom Deputy Clerk. It is the
parties’ responsibility to make sure they know how to use the equipment
available, to have the cables necessary to hook up their equipment, and to
ensure that their equipment will interface with the Court’s technology.
A Court order is required to bring boxes of exhibits, electronic devices
such as projectors or laptops, etc. (virtually anything necessary for use at trial)
into the courthouse.5 The parties should file a motion, with a proposed order,
detailing the equipment they wish to bring into the courtroom. This should be
done not less than three (3) business days prior to the hearing or trial, to allow
for proper notification to the United States Marshals Service.
5 Members of the Northern District of Georgia’s Bar may apply for an attorney
ID card (commonly referred to as the “Blue Card”). The Blue Card will allow
approved attorneys to bring cellular telephones with cameras and some other
electronic equipment into the courthouse without a court order. The procedure
for obtaining a Blue Card is explained on the Court’s website under the
“Attorney Information” page. Please contact the U.S. Marshals Service to
clarify what equipment attorneys are permitted to bring into court with a Blue
Card.
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G.
Jury Instructions
A single, unified set of requests to charge and proposed verdict forms are
required to be filed no later than seven (7) days before the date of trial and
emailed to the Courtroom Deputy Clerk in Microsoft Word format. Where a
proposed instruction is not agreed upon, the parties should indicate who is
proposing the instruction and the legal basis for the instruction and for the
other party’s opposition to the instruction. Counsel must use the Eleventh
Circuit Pattern Jury Instructions, if applicable. If state law applies, counsel
shall use the Suggested Pattern Jury Instructions by the Council of Superior
Court Judges of Georgia. Charges for which there is not a pattern charge must
contain citations to the legal authorities supporting the charge requested.
IT IS SO ORDERED.
g
y
United States District Judge
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QUALIFYING QUESTIONS
1.
Does any member of the panel know or are you related to (Plaintiff’s attorney?
2.
Does any member of the panel know any employees of, or has any member of the panel
or their immediate family worked for or been represented by the law firm of
_____________________________________________?
3.
Does any member of the panel know or are you related to (Defendant’s attorney)?
4.
Does any member of the panel know any employees of, or has any member of the panel
or their immediate family worked for or been represented by the law firm of
_____________________________________________?
5.
Does anyone know or are you related to Plaintiff in the case?
6.
Does anyone know or are you related to Defendant in the case?
7.
Does anyone know any of the following individuals who may be witnesses in this case?
[Witnesses listed]
8.
Does anyone believe you know anything about this case or that you have heard anything
about this case before coming to Court today?
9.
Is there any member of the panel who would not accept the law as I give it to you in my
instructions even if you disagree with the law?
10.
Is there any member of the panel who has any special disability or problem that would
make serving as a member of this jury difficult or impossible?
11.
Does any juror hold any belief, religious or otherwise, which discourages or prevents jury
service?
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BACKGROUND QUESTIONS
1.
State your name.
2.
(a)
In what city and county do you live?
(b)
How long have you lived there?
(c)
What was your previous county of residence and how long did you live there?
3.
(a)
Are you employed?
(b)
If so, tell us what kind of work you do – whether you work for someone else or are
you self-employed?
(c)
If you work for someone else, for whom do you work?
(d)
If you are retired, what kind of work did you do before you retired.
(e)
Tell us briefly where else you have worked in the last twelve years.
4.
(a)
Are you married?
(b)
If so, is your spouse employed outside the home? If so, what kind of work does
your spouse do and who is her employer?
5.
(a)
Do you have children?
(b)
If so, tell us their ages.
(c)
If they are employed, tell us who they work for and what kind of work they do.
6.
What is your educational background?
7.
Have you ever served on a jury before? If so:
(a)
When?
(b)
Where?
(c)
What type of case?
(d)
Were you the foreperson?
(e)
Have you ever served on a jury that deadlocked and could not reach a verdict?
8.
Have you ever served on a grand jury before?
(a)
Were you the foreperson?
9.
Did you ever serve in the military? If so, state the branch and years of service.
10.
Have you ever been a party to a lawsuit other than a suit for divorce or child custody?
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