Judge Timothy J. Savage
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Deposition Transcript
- 1 copy
Exhibits
- 1 copy
Adjournments
- Trial pool cases require 48-hour notice to commence trial.
- Counsel must discuss in advance of trial all objections to the presentation of videotaped testimony to resolve all conflicts. If counsel cannot resolve their disagreements, they should present any outstanding disagreements at least ten days prior to the final pretrial conference by providing a transcript of the testimony with the challenged question and answer highlighted, and a list setting forth each objection by page and line numbers and the basis for the objection.
Page & Word Limits4 rules
Each party must submit to the Court and serve on opposing counsel proposed points for charge and any proposed jury interrogatories no later than seven days prior to the trial date.
Government must file trial memorandum 1 week before trial with specific content.
Court's wording
At least one week prior to the trial date, the government must file a trial memorandum setting forth the essential elements of the offenses, the facts which it intends to present, the identity of each witness it intends to call, a statement of the substance of each witness= testimony and any legal issues.
Reply briefs are limited to ten pages.
- Reply brief
- Up to 10 pages
Court's wording
Reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in the brief, may be filed within seven days of service of the opponent’s brief in opposition and shall be limited to ten pages.
Time limits on opening statements and summations are generally not fixed. However, depending upon the issues in the case and the length of the trial, time limits may be imposed.
Document Format Requirements5 rules
Each point for charge and proposed jury interrogatory shall be numbered and on a separate sheet of paper identifying the name of the requesting party.
Formatting
- •Separate sheet per instruction
- •Numbered
- •Party name identification
If a party modifies a model instruction, additions shall be underlined and deletions shall be placed in brackets.
Formatting
- •Underline additions
- •Bracket deletions
When using model jury instructions, parties must indicate if unchanged or modified, with additions underlined and deletions in brackets.
- Jury instructions
Formatting
- •Additions underlined
- •Deletions in brackets
- •State if unchanged or modified
Court's wording
If a model jury instruction is used, the party submitting it shall state whether the proposed instruction is unchanged or modified. If a party modifies a model instruction, additions shall be underlined and deletions shall be placed in brackets.
Exhibits must be provided at final pretrial conference and trial in three-ring binders.
- Margins
- Top 1 inch; Bottom 1 inch; Right 1 inch
- Binding
- Three-ring binder
Court's wording
At the final pretrial conference, the parties shall provide the Court with one copy of each exhibit and two copies of a schedule of exhibits which shall briefly describe each exhibit. At the trial, the parties must provide the court with an additional copy of each exhibit. Exhibits shall be tabbed in a three-ring binder containing all exhibits numbered consecutively.
Exhibits shall be arranged and tabbed in a three-ring binder.
- Binding
- Three-ring binder
- Exhibits
Formatting
- •Tabbed
- •Arranged
Document Filing Requirements41 rules
Each proposed instruction must be submitted with authority.
The government is required to file proposed findings of fact and conclusions of law prior to the commencement of the hearing.
If a model jury instruction is used, the party submitting it shall state whether the proposed instruction is unchanged or modified.
Counsel are expected to cooperate in the preparation of the joint proposed instructions. Failure to cooperate in the process will result in the imposition of sanctions.
If counsel cannot agree, proposed alternative instructions must be submitted with authority for each instruction.
After the jury has retired to deliberate, counsel shall review the exhibits to determine which exhibits will go out with the jury. If counsel cannot agree, they should request a ruling immediately after the jury retires to the deliberations room.
In a non-jury trial, the parties shall file a stipulation of uncontested facts. Each party shall submit proposed findings of fact and conclusions of law.
Counsel must meet and discuss proposed jury instructions for the purpose of submitting agreed-upon jury instructions and verdict forms.
Speaking objections are not permitted. Objections shall be made by reciting the appropriate rule number or a one word basis.
Exhibits admitted at close of case-in-chief, not during testimony.
Court's wording
Exhibits are admitted into evidence at the close of each party=s case-in-chief and not during testimony or after the exhibit is identified. Counsel should review the exhibits in advance so that agreed upon exhibits can be admitted quickly and disputed exhibits ruled upon at the conclusion of the party=s case.
The motion must comply with Local Rule 26.1(f). The certification must state in detail what efforts were made to resolve the dispute.
Any party intending to use depositions, written or video, at trial must notify all other parties in the pretrial memorandum.
In the pretrial memoranda, counsel must detail the substance of the testimony of each witness. Identifying a witness as giving testimony on liability and/or damages is insufficient.
Objections to deposition testimony shall be made prior to the pretrial conference in writing, setting forth the page and line numbers of the challenged testimony and a clear statement for the basis of the objection.
Prior to the Rule 26(f) conference, the parties shall exchange the following information:
E-discovery liaison must be familiar with party's electronic systems and knowledgeable about technical aspects of e-discovery
Court's wording
Regardless of whether the e-discovery liaison is an attorney (in-house or outside counsel), a third party consultant, or an employee of the party, he or she must be: a. familiar with the party's electronic systems and capabilities in order to explain these systems and answer relevant questions; b. knowledgeable about the technical aspects of e-discovery,
To promote communication and cooperation between the parties, each party shall designate a single individual through whom all e-discovery requests and responses are made ("the e-discovery liaison").
Parties must discuss e-discovery parameters at Rule 26(f) conference and be prepared for Rule 16 scheduling conference
Court's wording
The parties shall discuss the parameters of their anticipated e-discovery at the Rule 26(f) conference and shall be prepared to address e- discovery at the Rule 16 scheduling conference with the court.
Electronic discovery proceeds in sequence: initial search and production, then limited accessibility documents.
Court's wording
Discovery of electronic documents shall proceed in the following sequenced fashion: a. after receiving requests for document production, the parties shall search their documents, other than those identified as limited accessibility electronic documents, and produce responsive electronic documents in accordance with Fed. R. Civ. P. 26(b)(2);
Parties must negotiate preservation agreement within 30 days of discovery.
Court's wording
Within the first thirty (30) days of discovery, the parties shall negotiate an agreement that outlines the steps each party shall take to segregate and preserve the integrity of all relevant electronic documents.
Retention coordinators must prevent deletion/alteration of custodian emails and documents.
Court's wording
The retention coordinators shall: a. take steps to ensure that e-mail of identified custodians shall not be permanently deleted in the ordinary course of business and that electronic documents maintained by the individual custodians shall not be altered;
Producing party must preserve document integrity, formatting, metadata, and revision history.
Court's wording
When the image file is produced, the producing party must preserve the integrity of the electronic document's contents, i.e., the original formatting of the document, its metadata and, where applicable, its revision history.
provide notice as to the criteria used for spam and/or virus filtering
If parties cannot agree on format, electronic documents produced as PDF/TIFF image files.
Court's wording
If, during the course of the Rule 26(f) conference, the parties cannot agree to the format for document production, electronic documents shall be produced to the requesting party as image files (e.g., PDF or TIFF).
Parties must disclose restrictions on electronic search scope and methods.
Court's wording
If the parties intend to employ an electronic search to locate relevant electronic documents, the parties shall disclose any restrictions as to scope and method which might affect their ability to conduct a complete electronic search of the electronic documents.
After initial production in image file format is complete, a party must demonstrate particularized need for production of electronic documents in their native format.
Parties must agree on search methods and terms with e-discovery liaisons.
Court's wording
The parties shall reach agreement as to the method of searching, and the words, terms, and phrases to be searched with the assistance of the respective e-discovery liaisons, who are charged with familiarity with the parties' respective systems.
electronic searches of documents identified as of limited accessibility shall not be conducted until the initial electronic document search has been completed;
On-site inspections of electronic media prohibited unless exceptional circumstances shown.
Court's wording
documents must be narrowly focused with a factual basis supporting the request; and, d. on-site inspections of electronic media under Fed. R. Civ. P. 34(b) shall not be permitted, absent exceptional circumstances where good cause and specific need have been demonstrated.
Proposed jury instructions should only cover substantive issues, not basic instructions.
Court's wording
Proposed instructions should cover only the substantive issues regarding the elements of each cause of action and each defense. Basic instructions, such as the burden of proof, credibility and procedure, should not be submitted.
No further briefs may be filed.
Reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in the brief, may be filed within seven days of service of the opponent’s brief in opposition and shall be limited to ten pages.
The parties shall provide the Court with one copy of each exhibit to which there is an objection and two copies of a schedule of exhibits which shall describe each exhibit.
If pleadings don't permit e-discovery discussion, parties must agree on exchange date or seek court resolution
Court's wording
To the extent that the state of the pleadings does not permit a meaningful discussion of the above issues by the time of the Rule 26(f) conference, the parties shall either agree on a date by which this information will be mutually exchanged or submit the issue for resolution by the court at the Rule 16 scheduling conference.
The parties may request leave to supplement proposed findings of fact after the hearing.
The defendant is not required to file a trial memorandum but may do so.
Submitting a proposed point does not constitute a waiver of objection. Counsel are instructed to work on proposed instructions regardless of counsel=s position with respect to a point=s applicability.
Oral argument is not routinely scheduled. A party desiring oral argument may request it in the body of the motion or responsive pleading.
In order to avoid later accusations of spoliation, a Fed. R. Civ. P. 30(b)(6) deposition of each party's retention coordinator may be appropriate.
To minimize the expense, the parties may consider limiting the scope of the electronic search (e.g., time frames, fields, document types).
Filing & Service rules
Filing Timing and Cure Windows
Reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in the brief, may be filed within seven days of service of the opponent’s brief in opposition and shall be limited to ten pages.
Reply briefs, addressing only issues raised in the brief in opposition and not repeating arguments in the brief, may be filed within seven days of service of the opponent’s brief in opposition and shall be limited to ten pages.
Civil cases
Page 3 | IV. MOTIONS PRACTICE
Courtesy Copy Requirements
Parties must provide the Court with one copy of each objected-to exhibit.
The parties shall provide the Court with one copy of each exhibit to which there is an objection and two copies of a schedule of exhibits which shall describe each exhibit.
Civil cases
Page 4 | V. FINAL PRETRIAL CONFERENCE
The objecting party must provide the Court with a copy of the deposition transcript with the challenged testimony highlighted.
The objecting party must provide the Court with a copy of the deposition transcript with the challenged testimony highlighted.
Civil cases
Page 4 | V. FINAL PRETRIAL CONFERENCE
Pre-Motion Conference Requirements
Motions in limine must be filed by Scheduling Order deadline.
Motions in limine must be filed by the deadline set in the Scheduling Order. Rulings upon such motions are usually made before or at the final pretrial conference.
Adjournment & Extension Requirements
Suppression, Starks, and Daubert hearings held at least 2 weeks before trial.
Suppression, Starks and Daubert hearings are typically held at least two weeks prior to trial.
Criminal cases
Page 1 | Pretrial Hearings
Counsel must discuss in advance of trial all objections to the presentation of videotaped testimony to resolve all conflicts. If counsel cannot resolve their disagreements, they should present any outstanding disagreements at least ten days prior to the final pretrial conference by providing a transcript of the testimony with the challenged question and answer highlighted, and a list setting forth each objection by page and line numbers and the basis for the objection.
Counsel must discuss in advance of trial all objections to the presentation of videotaped testimony to resolve all conflicts. If counsel cannot resolve their disagreements, they should present any outstanding disagreements at least ten days prior to the final pretrial conference by providing a transcript of the testimony with the challenged question and answer highlighted, and a list setting forth each objection by page and line numbers and the basis for the objection.
Trial pool cases require 48-hour notice to commence trial.
The Scheduling Order will set a date certain for trial or the date when the case will be placed in the trial pool. For cases in the trial pool, counsel must be prepared to commence trial upon 48 hours notice.
Chambers Communication Rules
Counsel must be available within 15 minutes during jury deliberations, staying in or near courthouse.
Counsel must be available upon fifteen (15) minutes notice during jury deliberations. As a practical matter, this means that counsel must stay in or near the courthouse.
Page 3 | Availability of Counsel During Jury Deliberations
Exhibits published after witness examination or before break, with permission for during testimony.
Exhibits may be published to the jury at the end of the party=s examination of the witness or prior to a break. If the exhibit is necessary to explain the testimony, Judge Savage may permit it to be published during the testimony. Permission must be sought prior to the witness taking the stand.
Evidentiary issues must be resolved privately before involving deputy clerk.
Counsel must confer privately to resolve any unanticipated evidentiary issues that may arise during trial. Only if they are unable to reach agreement should counsel bring the matter to the deputy clerk=s attention at the beginning of the day or during an appropriate break when the jury is not present.
Videotaped testimony must be edited and tested before trial.
The videotape must be edited prior to trial to eliminate pauses and speed-ups so there are no interruptions. Counsel must arrange with the deputy clerk a date and time before the trial date to test and learn to operate the courtroom equipment.
Counsel must discuss voir dire questions and resolve any differences the day before jury selection. If they cannot agree, counsel must advise the deputy clerk that the judge must rule upon the disputed issues.
Counsel must discuss voir dire questions and resolve any differences the day before jury selection. If they cannot agree, counsel must advise the deputy clerk that the judge must rule upon the disputed issues.
Sidebar conferences are discouraged except for unanticipated issues.
Sidebar conferences are discouraged and are rarely permitted. Only unanticipated issues will necessitate a sidebar conference.
Pretrial conferences held only in complex cases or with multiple attorneys.
Pretrial conferences in criminal cases are held only in complex cases or those involving several attorneys.
Criminal cases
Page 1 | Pretrial Conferences
After verdict and jury discharge, counsel may request to interview jurors, but must respect jurors' choice not to speak.
After a verdict has been recorded and the jury has been discharged, counsel may request to interview jurors. The jurors are told that they are permitted to talk to counsel if they desire, but they need not do so. Counsel shall respect the jurors’ desire not to speak to them.
Page 4 | Availability of Counsel During Jury Deliberations
Junior Lawyer Participation Incentives
Only one attorney per party may examine same witness or argue same point.
Only one attorney for a party may examine the same witness or argue the same legal point. More than one attorney for a party may examine different witnesses or argue different legal points.
Oral argument granted on motions at judge's discretion.
Judge Savage will grant oral argument on motions if he believes it will assist him in deciding the motions.
Criminal cases
Page 1 | Oral Argument and Motions