Judge Anita B. Brody
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 2 copies
- 2 copies • Prior to Trial
- 2 copies • Upon Filing
Adjournments
- Initial extension requests are generally accommodated; subsequent requests are less likely to be granted.
- Continuances are unlikely once trial is set.
- A party seeking an extension should provide a date certain for the requested revised deadline.
Request must include
Communication
Chambers
Page & Word Limits6 rules
Briefs or memoranda of law filed with the court must not exceed 35 pages unless otherwise authorized by the court. Shorter briefs and memoranda are recommended.
- Brief or memorandum of law
- Up to 35 pages
In all cases, a party is granted 21 days to file a response in opposition to a motion for summary judgment and 10 days to file a reply or surreply.
In civil cases, Judge Brody permits counsel to conduct the voir dire in her presence; however, proposed voir dire should not exceed 15 questions. Initial questioning is limited to the questions that are submitted.
- Voir dire questions for attorneys
- Up to 15 pages
Proposed voir dire questions (limited to 15 questions);
Briefs or memoranda of law filed with the Court must not exceed 35 pages unless otherwise authorized by the Court.
- Brief
- Up to 35 pages
Unless the parties arrange for more time in advance, counsel should assume a 20 minute limit.
Document Format Requirements5 rules
Two hard copies of all pretrial submissions must be provided to chambers. Submissions must be printed single-sided on three-hole punched paper. Do not staple submissions.
Formatting
- •Single-sided
- •Do not staple
All filings should be submitted in 14-point font.
- Font size
- 14 points
Proposed jury instructions (one point per page);
- Proposed jury instructions
Formatting
- •One point per page
Two hard copies of all pretrial submissions must be provided to chambers. Submissions must be printed single-sided on three-hole punched paper. Do not staple submissions.
Formatting
- •Single-sided
- •No staples
All other non-urgent requests must be filed as motions. Formal motion formatting is not necessary; a letter filed as a motion and a letter filed as a response are fine.
Document Filing Requirements33 rules
Prior to trial, each party must submit two marked copies of the trial exhibits and three copies of the exhibit list to chambers.
- Document
- Trial exhibits
Must include
- •Exhibit list
Each party must email a copy of its proposed jury instructions in Microsoft Word format to the law clerk assigned to the case.
- Document
- Proposed jury instructions
Must include
- •Microsoft Word format
Trial counsel must attend; all participating counsel must enter ECF appearance and file pro hac vice motions with fees before conference.
- Document
- Appearance
Must include
- •Pro hac vice motion
Court's wording
The Judge expects trial counsel to attend the conference. All counsel wishing to participate in the conference must enter an appearance on ECF prior to the conference. Additionally, all counsel wishing to participate and seeking to be admitted pro hac vice must file a pro hac vice motion and pay the associated fee prior to the conference.
Counsel must arrive at the conference with settlement authority and arrange for the client to be available by telephone for the duration of the conference.
- Document
- Pretrial conference
Must include
- •Settlement authority
As stated in the Notice, counsel must submit a joint proposed discovery plan via ECF to the court no later than 3 days prior to the conference.
- Document
- Discovery plan
Must include
- •Joint proposed discovery plan
All summary judgment motions and responses must contain a statement of undisputed and disputed facts with citations to the record, including to the specific exhibit, page, and line number.
- Document
- Summary judgment motion
Must include
- •Statement of facts
In non-jury cases, after trial, Judge Brody requires submission of proposed findings of fact and conclusions of law that include citations to the notes of testimony.
- Document
- Proposed findings conclusions
Must include
- •Citations
Judge Brody expects the submission of sentencing memoranda by both the government and the defendant well in advance of the sentencing.
- Document
- Sentencing memorandum
Include
- •Well in advance of the sentencing
Judge Brody requires that exhibits be marked and exchanged prior to trial.
Judge Brody expects all issues that can be anticipated prior to trial to be raised in motions in limine. Motions in limine should be accompanied by memoranda and will usually be addressed at the final pretrial conference.
- Document
- Motion in limine
Should include
- •Memoranda
In non-jury cases, Judge Brody requires that parties submit separate trial memoranda that address important legal issues and include citation to legal authority.
- Document
- Trial memoranda
Must include
- •Legal argument
- •Citation to legal authority
Counsel are required to submit proposed verdict sheets and any special interrogatories.
Objections to videotaped testimony should be submitted before the final pretrial conference. A transcript of the testimony should also be provided.
- Document
- Videotaped testimony
Should include
- •Transcript
The parties must submit prior to the final pretrial conference any exhibits that are in dispute.
Judge Brody requires that parties submit pretrial memoranda. The trial scheduling order provides instructions on the information the parties must include in their memoranda.
The parties must file their proposed jury instructions on ECF and email a copy of them as an attachment in Microsoft Word format to the law clerk assigned to the case.
Each party must email a copy of its proposed jury instructions in Microsoft Word format to the law clerk assigned to the case.
Prior to trial, each party must submit two marked copies of the trial exhibits and three copies of the exhibit list to chambers.
All summary judgment motions and responses must contain a statement of undisputed and disputed facts with citations to the record, including to the specific exhibit, page, and line number.
- Document
- Summary judgment motion
Must include
- •Statement of facts
All summary judgment motions and responses must contain a statement of undisputed and disputed facts with citations to the record, including to the specific exhibit, page, and line number.
- Document
- Summary judgment
Must include
- •Statement of facts
Pretrial memorandum must include statement of facts, damages list, witness list, exhibit schedule, objections, trial estimate, and special comments.
- Document
- Pretrial memorandum
Must include
- •Exhibit list
Court's wording
the facts of the case. o Defendant(s) must identify any relevant factual disputes. A list of items of monetary damages claimed. A list showing the names of all witnesses the party submitting the memorandum intends to call at trial. Liability and damages witnesses must be designated separately. A schedule of all exhibits to be offered at trial by the party. Objections to any proposed witnesses. Objections to any proposed exhibits (including objections to genuineness and authenticity). Objections to any proposed videotaped testimony. Objections to any proposed depositions to be read at trial. An estimate of the number of days required for trial. Special comments, if any, regarding legal issues, stipulations, amendments of pleadings, or other appropriate matters.
The separate trial memorandum of each party must address important legal issues and include citation to legal authority.
- Document
- Trial memorandum
Must include
- •Legal argument
Disagreements concerning the timetable of discovery or other discovery-related matters must be highlighted in bold-face type.
Requests to schedule or reschedule a conference or hearing before Judge Brody may be made by letter, fax, or email to the law clerk assigned to the case, stating the reasons and noting the agreement or disagreement of all counsel. Counsel must also provide the court with five alternative dates that are acceptable to all parties.
Judge Brody has no overall practice or policy on reading stipulations, pleadings, or discovery materials into the record and will consider the preference of counsel.
Judge Brody permits side bar conferences during trial to address matters that were unanticipated prior to trial.
Judge Brody expects counsel to refrain from objecting during closing argument if the objection can wait until counsel has finished.
Judge Brody decides whether note-taking will be permitted on a case by case basis, taking into consideration requests from counsel or from the jurors.
Counsel may move for a directed verdict either orally or in writing. Judge Brody usually conducts oral argument on such a motion.
Judge Brody makes every effort to accommodate counsel regarding the scheduling of witnesses.
Generally, Judge Brody will not impose time limits on opening statements or summations and does not require use of the lectern.
Upon request, Judge Brody may permit further examination of a witness after redirect or recross has been completed.
Unless otherwise necessary, counsel may wait until the close of his or her case to move for the admission of exhibits.
Filing & Service rules
Electronic Filing Rules
Proposed Discovery Plan must be filed electronically on ECF.
The Proposed Discovery Plan must be filed on ECF.
Civil cases
Page 1 | 2
Counsel must be registered on ECF to participate in the conference.
All counsel participating in the conference must be registered on ECF.
Civil cases
Page 2 | 5
Any submission given directly to the judge must also be filed with the Clerk or on ECF.
Counsel are reminded that all submissions given directly to Judge Brody in the courtroom or chambers must also be filed by counsel with the Clerk of the Court or on ECF to assure proper docketing.
Civil cases
Page 2 | 13
Filing Timing and Cure Windows
Proposed Discovery Plan must be submitted no later than three days before the pretrial conference.
Not later than three days prior to the conference, counsel must submit to the Court a joint Proposed Discovery Plan under Rule 26(f).
Civil cases
Page 1 | 2
Response to summary judgment motion due in 21 days; reply/surreply due in 10 days; no leave required for reply/surreply.
A party is granted 21 days to file a response in opposition to a motion for summary judgment and 10 days to file any reply or surreply. Motions for leave to file a reply and surreply are not necessary for a Rule 56 motion because replies and surreplies are automatically allowed.
Civil cases
Page 6 | Attachment B - Default Scheduling Order
Filing Fees and Waivers
Pro hac vice counsel must pay the associated fee before the conference.
Additionally, all participating counsel seeking to be admitted pro hac vice must file a motion and pay the associated fee prior to the conference.
Civil cases
Page 2 | 5
Courtesy Copy Requirements
Two hard copies of pretrial submissions required, single-sided, three-hole punched, unstapled.
Two hard copies of all pretrial submissions must be provided to chambers. Submissions must be printed single-sided on three-hole punched paper. Do not staple submissions.
Civil cases
Page 1 | CIVIL JURY TRIAL SCHEDULING ORDER
Prior to trial, each party must submit two marked copies of exhibits and three copies of the exhibit list to chambers.
Prior to trial, each party must submit two marked copies of the exhibits and three copies of the exhibit list to chambers.
Civil cases
Page 2 | CIVIL BENCH TRIAL SCHEDULING ORDER
Two hard copies of pretrial submissions must be delivered to chambers, printed single-sided on three-hole punched paper, and not stapled.
Two hard copies of all pretrial submissions must be provided to chambers. Submissions must be printed single-sided on three-hole punched paper. Do not staple submissions.
Civil cases
Page 2 | CIVIL BENCH TRIAL SCHEDULING ORDER
Counsel must submit two courtesy hard copies of all filed papers to chambers, including the ECF docket entry number on the first page.
Counsel must submit to chambers TWO courtesy hard copies of all papers filed with the Clerk of the Court or filed on ECF. Courtesy copies should include the ECF docket entry number on the first page.
Civil cases
Page 2 | 10
Counsel must submit two courtesy hard copies of all filed papers to chambers, with ECF docket number on first page and tabbed exhibits.
Counsel must submit to chambers TWO courtesy hard copies of all papers filed with the Clerk of Court or filed on ECF. Courtesy copies should include the ECF docket entry number on the first page. All exhibits should be separated by tabbed dividers.
Civil cases
Page 6 | Attachment B - Default Scheduling Order
Two courtesy hard copies of all filed papers must be submitted to chambers, with ECF docket number on first page and tabbed exhibits.
Counsel must submit to chambers TWO courtesy hard copies of all papers filed with the Clerk of Court or filed on ECF. Courtesy copies should include the ECF docket entry number on the first page. All exhibits should be separated by tabbed dividers.
Civil cases
Page 2 | SCHEDULING ORDER
Pre-Motion Conference Requirements
Opposition to summary judgment due in 21 days; reply/surreply due in 10 days; no leave required.
A party is granted 21 days to file a response in opposition to a motion for summary judgment and 10 days to file any reply or surreply. Motions for leave to file a reply and surreply are not necessary for a Rule 56 motion because replies and surreplies are automatically allowed.
Civil cases
Page 1 | SCHEDULING ORDER
Replies automatically allowed for all motions; surreplies allowed for Rule 56 motions, discouraged for others.
Although sometimes unnecessary, replies are automatically allowed for all motions, and a party need not seek leave to file a reply. For a Rule 56 motion, a surreply is automatically allowed. For all other motions, surreply briefs are discouraged and a party must move for leave to file a surreply.
Civil cases
Page 3 | General Motions Practice
Oral argument held at judge's discretion or upon counsel's request.
Judge Brody will hold oral argument if she believes it will assist her in deciding the motion. Judge Brody will also consider requests from counsel to hold oral argument on a particular motion.
Civil cases
Page 4 | General Motions Practice
Adjournment & Extension Requirements
A party seeking an extension should provide a date certain for the requested revised deadline.
A party seeking an extension should provide a date certain for the requested revised deadline.
Civil cases
Page 1 | Continuances and Extensions
Continuances are unlikely once trial is set.
It is unlikely that Judge Brody will grant a continuance once a case has been set for trial.
Civil cases
Page 1 | Continuances and Extensions
Initial extension requests are generally accommodated; subsequent requests are less likely to be granted.
Judge Brody is generally accommodating with respect to initial requests for extensions; she is less accommodating with respect to subsequent requests.
Civil cases
Page 1 | Continuances and Extensions
Chambers Communication Rules
Agreed scheduling issues can be handled by ECF letter or email to chambers.
If counsel agree on a scheduling issue, a letter docketed on ECF requesting Judge Brody’s approval is often sufficient. If time does not permit a letter, an attorney may email the request to chambers.
Civil cases
Page 1 | Scheduling Policy
Counsel may email or speak with law clerks about urgent administrative/scheduling matters.
Judge Brody permits counsel to email and speak with her law clerks about urgent administrative or scheduling matters. Communication is also permissible when designated by Judge Brody.
Civil cases
Page 1 | Communications with Law Clerks
Email permitted for urgent administrative matters; other matters must be motions or ECF-designated letters.
Judge Brody permits correspondence by email from counsel concerning urgent administrative matters. Counsel must address all other matters by motion. If Counsel wishes to address any other matter by letter, that is fine, but the letter must be designated as a motion on ECF. This will trigger the need for a response from opposing counsel and signify to the court that action is required.
Civil cases
Page 1 | Correspondence with the Court
Scheduling requests may be made by letter, fax, or email to the law clerk, stating reasons and agreement/disagreement.
Requests to schedule or reschedule a conference or hearing before Judge Brody may be made by letter, fax, or email to the law clerk assigned to the case, stating the reasons and noting the agreement or disagreement of all counsel.
Civil cases
Page 2 | 14
Junior Lawyer Participation Incentives
Multiple attorneys allowed for different witnesses/legal points, but only one attorney per witness or point.
During the trial, each party may have different attorneys examine witnesses and argue legal points. Each party may not, however, use more than one attorney to examine a particular witness or argue a specific legal point.
Civil cases