Chief United States District Judge for the District of Connecticut
Judge Shea ordinarily conducts trial five days a week. In long trials there will be occasional days off. Time Limitations for Trial. Judge Shea typically does not impose time limitations. He works with the attorneys to develop a reasonable estimate for the time required for a trial and schedules the trial accordingly. Judge mathis recaps + occasional sad garbage. Become a paying subscriber Just join the free list, for now. A federal judge has struck down another legal challenge to barred owl removal experiments along the. Cloudy with occasional light rain. Winds S at 10 to 15 mph. Chance of rain 70%. Who the next county judge is remains unknown after members of the Cooke County Commissioners' Court decided to postpone the appointment Wednesday afternoon, Jan. 'In order to make the best decision possible, we're going to sleep on it,' Cooke County Judge Jason Brinkley said after coming back into open session at 3:30 p.m. A federal judge on Tuesday barred the U.S. Government from enforcing a 100-day deportation moratorium that is a key immigration priority of President Joe Biden.
Staff Information
Maytte Caldero | Judicial Assistant | 203-579-5714 |
Joseph Rosenberg | Law Clerk | 203-579-5714 |
Kathleen Simon | Law Clerk | 203-579-5714 |
Grace Powell | Law Clerk | 203-579-5714 |
Sharon Masse | Court Reporter | Sharon_Masse@ctd.uscourts.gov |
BRIEN McMAHON FEDERAL BUILDING
United States Courthouse
915 Lafayette Boulevard
Suite 411
Bridgeport, Connecticut 06604
Location: Courtroom 1
Chambers Telephone | 203-579-5714 |
Chambers Fax | 203-579-5704 |
Clerk's Office Telephone | 203-579-5861 |
Clerk's Office Fax | 203-579-5867 |
Judge Tabs
Pretrial PreferencesPretrial Preferences
Oral Arguments on Motions
Judge Underhill will hear oral argument on dispositive motions when, after a review of the papers, he is left with questions or concerns that counsel may be able to resolve through argument. He will rarely grant a dispositive motion without providing counsel a chance to argue the motion. He will typically hear oral argument on non-dispositive motions only when an argument will materially advance the progress of the case.
Referral to Magistrate Judges/Special Masters
Judge Underhill does not restrict the types of motions he refers and does not refer all motions of a particular type (e.g., discovery). Depending upon the respective judges' past involvement in the matter and competing time commitments, matters will or will not be referred. Once referred, matters may be referred back if these factors change over time. Judge Underhill will refer most settlement conferences to either a magistrate judge or to the special masters program.
Rulings from the Bench
Judge Underhill often rules from the bench, even on dispositive motions.
26(f) Reports
Provided counsel are reasonable in the selection of deadlines for the completion of discovery and the filing of dispositive motions, the 26(f) Report will serve as the basis for the initial scheduling order in the case. The report should provide the court with a meaningful overview of the case and should serve as a vehicle for the parties to consider the narrowing of claims and the possibility of settlement. Judge Underhill generally honors requests for status conferences or settlement conferences. 2 w casino rd.
Resolution by Conference Call
Conference calls can be used in place of most conferences in chambers. Counsel who prefer a conference call to appearing at a conference should contact chambers to request a change. Judge Underhill requires counsel to participate in conference calls, often on short notice, when he believes that a prompt communication will facilitate scheduling or otherwise advance the progress of a case. He encourages counsel to contact his chambers when discovery disputes arise.
Sur-reply Briefs
Judge Underhill believes that sur-reply briefs are rarely necessary but generally grants motions requesting leave to file such briefs.
Letter Briefs
Judge Underhill occasionally requests that the parties file letter briefs, which are docketed as pleadings. Unless counsel are requested or granted permission to file a letter brief, briefs should follow the form required by the Local Rules.
Chambers' Copies
Judge Underhill appreciates receiving chambers' copies of dispositive and emergency motions and trial memoranda (including request to charge). Copies of other pleadings and motions need not be submitted to chambers.
Motions for Extension of Time
Reasonable requests for extension of time generally are granted. Counsel are strongly encouraged to negotiate a request acceptable to all parties and to indicate that the motion is on consent. Motions must describe the reason that an extension is needed and the number of extensions previously requested.
Motions for Reconsideration
Motions for reconsideration should comply with Local Rule 7(c).
Special Proceedings
Judge Underhill is extremely reluctant to grant ex parte temporary restraining orders and requires strict compliance with Rule 65. Hearings on applications for temporary restraining orders and preliminary injunctions normally are set by order to show cause and, whenever possible, only after a conference with counsel for all parties. The moving party should specify, in a draft order, the precise relief requested. The requested relief should be justified by memorandum and non-attorney affidavits.
Joint Trial Memoranda
Judge Underhill encourages the parties to attend a settlement conference before incurring the expense of preparing the joint trial memorandum. He uses status report orders and status conferences to determine both the trial readiness of a case and whether a case would benefit from a settlement conference. The pretrial order, calling for the preparation of the joint trial memorandum, issues after the dispositive motion deadline has passed. Compliance with the order may be postponed by joint motion if the parties are engaged in serious settlement discussions. Judge Underhill's pretrial order is similar, but not identical, to the standing order regarding trial memoranda. A courtesy copy of the trial memorandum, including proposed findings of fact and conclusions of law or requests to charge, must be submitted to chambers. When the parties are ordered to file their joint trial memorandum, the case will be placed on a trial calendar. At the call of the calendar, counsel should be prepared to report on the availability of all parties and witnesses. Jury selection for ready cases will be scheduled at the calendar call.
Lawyer Affidavits
Lawyer affidavits may be used to identify exhibits and transcripts submitted in connection with dispositive motions. Lawyer affidavits are rarely, if ever, accepted as evidence on disputed issues of fact other than attorneys' fees issues.
Dispositive Motions
Judge Underhill often schedules dispositive motions for a motion day at which he hears argument and, when possible, rules from the bench.
Discovery
Judge Underhill prefers that discovery disputes be resolved by conference call whenever possible. Judge Underhill decides most discovery disputes himself and might refer others to a magistrate judge. Even after a discovery dispute has been briefed, Judge Underhill expects the parties to continue to attempt to resolve the dispute themselves. When a dispute cannot be resolved by the parties and requires the court's attention, costs may be awarded under Rule 37(a)(4).
Settlement
In his status report orders, Judge Underhill requires the parties to certify that they have discussed settlement in good faith since the issuance of the order. He will schedule a settlement conference whenever the parties request it or when it otherwise appears beneficial. Judge Underhill refers most settlement conferences to either a magistrate judge or to the special masters program.
Trial PreferencesTrial Preferences
Hours of Day for Trial
Judge Underhill has lawyers report at 9:00 a.m. and is in session with the jury from about 9:30 a.m. to 5:00 p.m. He has the lawyers stay after 5:00 p.m. as necessary to deal with objections and procedural matters.
Days of Week for Trial
Judge Underhill ordinarily conducts trial five days a week; on long trials there will be occasional days off.
Time Limitations for Trial
Judge Underhill does not impose time limitations, but asks counsel for time estimates and presses them to lower their estimates if thinks they are unreasonable.
Time Limitations for Individual Examinations of Witnesses
Judge Underhill handles these time limitations the same as time limitations on trial, except in unusual circumstances (e.g., preliminary injunction hearings where there is limited time). In his pretrial order, he requires counsel to separately identify those witnesses they 'intend' to call and those witnesses they 'may' call. He also requires counsel to let the other side know in advance the order in which their witnesses will be called. To save time in bench trials and time-sensitive matters, such as preliminary injunction hearings, Judge Underhill encourages the use of affidavits in lieu of direct testimony. He has also had counsel submit the testimony of a witness through a deposition transcript that has been color-coded, with the testimony that each side wants to bring out highlighted in different colors. The judge uses these techniques in cases where counsel agree that the testimony of the witness would be in accordance with the affidavit or deposition transcript. He does not require their use if there is a credibility issue or if counsel considers it important that the judge see the live testimony of the witness. Judge Underhill routinely sequesters non-party and non-expert witnesses in civil and criminal cases, whether or not a party moves for sequestration.
Opening Statements
While Judge Underhill finds that opening statements frequently contain improper argument, he has never denied a request for an opening statement in a civil case. He has denied requests by the government for opening statements in criminal cases where the defense objects. He will interrupt what he believes to be an improper opening even in the absence of an objection. He has never read the pleadings to the jury in lieu of opening statements.
Closing Arguments
Judge Underhill reviews the requirements for closing arguments with counsel at the charge conference. He does not want counsel to approach the jury too closely during closing and identifies an 'imaginary line' that they should not cross. The time limit for closing argument depends on the nature of the case. Judge Underhill will interrupt an improper closing arguments in the absence of an objection, and will also interrupt to remind counsel if they are exceeding their time limit.
Demonstrative Exhibits
Judge Underhill brings up the subject of demonstrative exhibits at the pretrial and encourages counsel to exchange them early so that any objections can be taken up well before counsel tries to use the exhibits at trial.
Moving Exhibits into Evidence
Judge Underhill encourages stipulations with respect to exhibits and tries to work out objections in advance so that exhibits do not have to be formally moved into evidence at trial.
Pre-marking of Exhibits
Judge Underhill requires exhibits to be pre-marked and exchanged in accordance with his pretrial order. He generally limits exhibits to those that have been identified before trial but does not strictly enforce that rule if the need for the exhibit could not reasonably have been anticipated. Counsel are to provide one set of exhibits for the judge and one for his clerk. As with witnesses, in their pretrial memos counsel are to separate those exhibits they 'intend' to use from those exhibits they 'may' use.
Procedural Motions and Arguments
Judge Underhill tries to handle these matters during breaks and wants counsel to alert him to potential problem areas in advance. If a matter arises during trial that requires argument or discussion out of the presence of the jury and cannot wait for a break, he prefers sending the jury out of the courtroom rather than taking the matter up at a sidebar.
Objections
Counsel are to state their objections in as few words as possible, without argument, in the presence of the jury, unless Judge Underhill asks for more detail. He will give an explanation of his ruling at a break. Counsel are free to inquire as to the basis for a ruling.
Occasions Jugand Cevins
Jury Profiles
Judge Underhill feels uncomfortable about counsel conducting online searches for information about potential jurors.
Jury Selection
Occasion Jugand 4x4 Cevins
Counsel are not required to identify all of the attorneys in their firm during jury selection. Judge Underhill asks counsel for a statement of the case for him to read to the panel. He does not use the 'box' method, but something similar. Counsel are told in advance the random order in which panel members will be questioned. The questioning occurs with all of the panel members in the spectator section of the courtroom. Counsel sit facing the panel with their backs to the judge. After individuals are removed for cause or challenged peremptorily, the judge questions as many panel members individually as he feels will be needed to get a jury. He asks standard questions as well as questions submitted in advance by counsel. He notes those jurors who may be subject to being excused for cause, and reviews those issues with counsel before they raise any challenges for cause themselves-he finds this saves time. After the judge has finished questioning the panel members, counsel are invited to sidebar to suggest additional questions for the judge to put to the panel members. Counsel can also request that a panel member be called to sidebar where counsel can inquire directly. Judge Underhill does not allow counsel to propose any questions within hearing of the entire panel.
Jurors in a Civil Case
The number of jurors selected in a civil case depends on the expected length of the case. At least seven will be selected, and usually eight. In a longer case, there will be more. In criminal cases, fourteen jurors are selected and, if counsel agree, the alternates will be selected by lot prior to deliberations.
Juror Notebooks
Judge Underhill allows counsel to provide the jurors with binders containing exhibits that are in evidence. He finds that this is an efficient way to handle exhibits.
Juror Notes
Jurors are allowed to take notes in every case. Notebooks are provided by the court. Judge Underhill has not allowed jurors to propose questions to be put to witnesses.
Juror Charge
Counsel are directed to submit their requests to charge on disk. At the charge conference, Judge Underhill provides counsel with a draft of the charge. The jurors are given their own copies of the charge in writing so they can read along while the judge is delivering it. Judge Underhill encourages counsel to agree to switch the order of closing arguments and the jury charge. He finds that this sharpens the closings. He will only do it if the parties agree. If the closings are given after the charge, the judge spends a few minutes after the closings to give the jurors some additional information about logistical matters so that there is a buffer between the arguments and deliberations.
Post-verdict Communications with Jurors
Judge Underhill disapproves of any post-verdict communications with jurors by counsel, which in any event are regulated by Local Rule 83.5. He instructs jurors that they do not have to talk to anyone about the case. Judge Underhill talks to jurors after a case is over to answer any concerns or questions they may have. He avoids getting into specifics of the case, unless the jurors themselves raise an issue.
Motions in limine
The use of motions in limine is in accordance with Judge Underhill's pretrial order. He generally will not refuse to consider an issue that could have been raised by a motion in limine but was not.
Technology
All requests for courtroom technology must be received by the Clerk's Office at least two weeks prior to the scheduled hearing. The form for such request can be found here: Courtroom Technology Request Form
Counsel Placement in Court
Judge Underhill does not require counsel to request permission to approach a witness or hand up documents. Counsel are not limited to the podium when questioning a witness; however, the judge will direct counsel to back off if he feels they are staying too close to the witness for too long.
Miscellaneous
At the end of the day, Judge Underhill steps down from the bench and shakes hands with counsel. He finds that this practice promotes civility in the courtroom.
Scheduling OrdersUnited States District Judge for the District of Connecticut
Staff Information
John Super | Law Clerk | 860-240-3136 |
Emily Gait | Law Clerk | 860-240-3136 |
Amy Constantine | Career Law Clerk | 860-240-3136 |
Devorah Johnson | Courtroom Deputy | 860-240-3205 |
Julie Monette | Court Reporter | 860-212-6937 or (Julie_Monette@ctd.uscourts.gov) |
ABRAHAM RIBICOFF FEDERAL BUILDING
United States Courthouse
450 Main Street - Room 217
Hartford, Connecticut 06103
Location: Courtroom 2
Chamber's Telephone | 860-240-3136 |
Clerk's Office Telephone | 860-240-3200 |
Clerk's Office Fax | 860-240-3211 |
Judge Tabs
Pretrial PreferencesCriminal Cases
Judge Shea's practice is to notify the defendant at a status conference that Judge Shea will grant the additional one-level reduction under Section 3E1.1(b) of the United States Sentencing Guidelines if: (1) the government makes the requisite motion; and (2) the defendant has assisted authorities in the investigation or prosecution of his or her own misconduct by timely notifying authorities of his or her intention to plead guilty, such that the government is able to avoid preparing for trial and the government and the court are able to allocate their resources efficiently. Generally, Judge Shea considers such a notification to be timely if it occurs more than 30 days before jury selection is scheduled. See Commentary to U.S.S.G. § 3E1.1(b) ('[T]o qualify under subsection (b), the defendant must have notified authorities of his [or her] intention to enter a plea of guilty at a sufficiently early point in the process so that the government may avoid preparing for trial and the court may schedule its calendar efficiently.'). Judge Shea will nonetheless consider the particular circumstances of each case in ruling on a motion by the government under Section 3E1.1(b).
Oral Arguments on Motions
Judge Shea will hear oral argument when, after a review of the papers, he is left with questions or concerns that counsel may be able to resolve through argument.
He does not have a motion day, but hears oral arguments as his schedule permits. When Judge Shea hears oral argument, he often rules from the bench after hearing from the parties.
Junior members of legal teams representing clients are invited to argue motions they have helped prepare. Opportunities to train young attorneys in oral advocacy are rare. Where junior lawyers are familiar with the matter under consideration, but have little experience arguing before a court, Judge Shea believes that they should be encouraged to speak. To facilitate this practice, Judge Shea is amenable to permitting a second, senior lawyer to argue as well for one party (if deemed necessary), if this will create an opportunity for a junior lawyer to participate. The ultimate decisions of who speaks on behalf of the client is for the lawyer in charge of the case, not the court.
Referral to Magistrate Judges/Special Masters
Judge Shea usually decides motions himself, although he may refer motions to a Magistrate Judge. Judge Shea will refer settlement conferences to a Magistrate Judge or to a parajudicial officer.
Rulings from the Bench
When Judge Shea hears oral argument, he often rules from the bench at the end of the hearing, even on dispositive motions.
26(f) Reports
Provided counsel are reasonable and efficient in the selection of deadlines for the completion of discovery and the filing of dispositive motions, the 26(f) Report will usually serve as the basis for the initial scheduling order in the case. The report should provide the court with a meaningful overview of the case and should serve as a vehicle for the parties to consider the narrowing of claims and the possibility of settlement. Judge Shea independently determines whether a scheduling conference with the Court is necessary, but he will take into account whether the parties have requested a scheduling conference in their 26(f) Report.
Resolution by Conference Call
Counsel should not make ex parte telephone calls to chambers, except to request a settlement conference. Whenever a telephone call to chambers is necessary, counsel for all parties should be on the line.
Judge Shea will attempt to resolve discovery disputes through the submission of brief letters and/or by conference call, and does not permit the filing of discovery motions or briefs before the call. Please refer to Judge Shea's Instructions on Discovery Disputes for further guidance.
Judge Shea also requires counsel to participate in conference calls, often on short notice, when he believes that a prompt communication will facilitate scheduling or otherwise advance the progress of a case.
Sur-reply Briefs
Judge Shea does not allow sur-reply briefs.
Letter Briefs
Judge Shea does not allow letter briefs. Formal motions should be filed. If a lawyer wants to call the court's attention to new authority, he or she should file a notice of supplemental authority with the clerk.
UrgentMatters
In circumstances where counsel has a legitimate need for immediate attention to a motion, the motion should be filed with the clerk, with a copy to chambers accompanied by a brief cover letter explaining the need for immediate attention.
Chambers' Copies
NOTICE: Owing to the current COVID-19 public health emergency, Judge Shea has suspended the courtesy copy requirements set forth below. Counsel are not required to submit courtesy copies of any filing effective immediately and continuing until this notice is removed.
Unless otherwise ordered, on the business day following the day on which a document is filed electronically, counsel must provide chambers with one paper copy of the following e-filed documents, including all exhibits and attachments:
- Applications for temporary restraining orders, preliminary injunctions or prejudgment remedies, including all memoranda of law and all exhibits;
- Dispositive motions, memoranda in support, briefs in opposition, and replies;
- Proposed voir dire and jury instructions;
- Joint Trial Memoranda;
- Trial briefs, including proposed findings of fact and conclusions of law and all exhibits; and
- Any other filing that is in excess of 15 pages;
Please ensure that chambers' copies are properly bound and tabbed. Any chambers' copy that cannot be secured by a staple or medium binder clip must be (1) placed in a three ring hole punch binder, (2) Velo bound, (3) GBC bound, or (4) bound with a two hole punch fastener/hinge. Chambers' copies may be printed double-sided, as long as they are bound on the left side of the paper and not on the top.
Motions for Extension of Time
Motions to extend time should comply with Local Rule 7(b). If counsel requires an expedited decision on a motion to extend time, he or she must supply Judge Shea's chambers with a courtesy copy of the motion and a cover letter explaining the need for an expedited decision.
Special Proceedings
Judge Shea will not grant ex parte relief on motions for temporary restraining orders unless the movant can demonstrate extraordinary circumstances. When a party seeks ex parte relief, Judge Shea will usually ask that party's attorney to try to reach the opposing party or its counsel by telephone. Motions for preliminary injunctions are scheduled for a telephone conference at an early opportunity to determine whether discovery is required and to encourage the parties to combine the preliminary injunction hearing with a trial on the merits. Motions for preliminary injunctions and prejudgment remedies are often referred to a Magistrate Judge.
Joint Trial Memoranda
Please refer to Judge Shea's Joint Trial Memorandum Instructions. The deadline for filing the Joint Trial Memorandum may be postponed if counsel file the joint statement described under 'Settlement' below.
Lawyer Affidavits
Lawyer affidavits are not necessary to identify exhibits and deposition transcripts submitted in connection with dispositive motions. Lawyer affidavits are rarely accepted as evidence on disputed issues of fact other than attorneys' fees issues.
Dispositive Motions
Dispositive Motions
Other than to advise counsel that brevity in briefing is appreciated, Judge Shea currently has no individualized rules or procedures concerning dispositive motions. Pre-filing conferences are not required.
Discovery
In cases in which all parties are represented by counsel, Judge Shea will attempt to resolve discovery disputes by letter and/or conference call whenever possible. Please refer to Judge Shea's Instructions on Discovery Disputes for further guidance. Judge Shea decides most discovery disputes himself, but may refer others to a Magistrate Judge.
Settlement
Judge Shea encourages the parties to discuss settlement as soon as possible. Nearly all civil cases settle, and in most cases, the Court will at some point refer the parties to mediation with a U.S. Magistrate Judge to explore the potential for settlement. The sooner that occurs, the less expensive the case will be for the parties. The Court understands that sometimes it is necessary to conduct some discovery before the parties can engage in a productive mediation. In those cases, the Court encourages the parties to discuss exchanging limited discovery, perhaps including one deposition by each party and the written discovery necessary to prepare for that deposition, before proceeding to mediation. But the parties may begin settlement discussions at any time, either by themselves or with the assistance of a U.S. Magistrate Judge. Should the parties wish at any time to be referred to a Magistrate Judge for mediation, they need only so indicate to the Court by filing a joint statement making such a request (which may be as short as a single sentence), by filing a statement by one party representing in good faith that counsel for all parties have conferred and agree that such a referral would be appropriate, or by telephoning chambers to make the same representations.
Motions for Reconsideration
Should a motion for reconsideration be filed, the opposing party may not file a response unless allowed to do so by order of the Court. Should the Court issue an order allowing or requiring a response, the party will typically be afforded the full 21 days allowed for opposing motions (L.R. 7(a)), but measured from the date of the Court's order allowing or requiring the response.
Settlement Agreements
The Court will not retain jurisdiction to enforce confidential settlement agreements. If the parties wish that the Court retain jurisdiction to enforce the agreement, the parties must place the terms of their settlement agreement on the public record and must provide reasons for the Court's retention of jurisdiction. The parties may either provide a copy of the settlement agreement for the Court to endorse or include the terms of their settlement agreement in their stipulation of settlement and dismissal.
Trial PreferencesHours of Day for Trial
Judge Shea's typical trial day lasts from 9:00 a.m. to 3:00 p.m., with a forty-five-minute lunch break and a fifteen minute break in the morning. He may ask the lawyers to report at 8:30am or earlier, or to stay after 3pm, as necessary to deal with objections and procedural matters.
Days of Week for Trial
Judge Shea ordinarily conducts trial five days a week. In long trials there will be occasional days off.
Time Limitations for Trial
Judge Shea typically does not impose time limitations. He works with the attorneys to develop a reasonable estimate for the time required for a trial and schedules the trial accordingly.
Time Limitations for Individual Examinations of Witnesses
Judge Shea generally does not limit individual examinations of witnesses.
Opening Statements
Judge Shea allows opening statements in both civil and criminal cases.They may not be argumentative and must be limited to what the evidence will show. They are typically required to be very short, i.e., ten minutes or less.
Closing Arguments
Judge Shea generally allows closing arguments of thirty minutes, although additional time may be allowed for very complicated cases.
Demonstrative Exhibits
Judge Shea brings up the subject of demonstrative exhibits at the pretrial conference and encourages counsel to exchange demonstrative exhibits early so that any objections can be taken up well before counsel tries to use the exhibits at trial. Demonstrative evidence may not be used during closing argument unless it has been marked as an exhibit or has been shared with the other parties at least one day before closing.
Moving Exhibits into Evidence
Under Judge Shea's Joint Trial Memorandum Instructions, proposed exhibits are to be pre-marked and exchanged at least seven days prior to submission of the Joint Trial Memorandum, with objections to be stated in the Joint Trial Memorandum. Motions in limine are not to be filed with the Joint Trial Memorandum. Please refer to Judge Shea's Joint Trial Memorandum Instructions for further guidance on the timing of motions in limine. Exhibits not listed will not be admitted at trial, except for good cause shown and except for any exhibits admitted solely for impeachment purposes; and objections not made in this manner will likely be deemed waived absent a showing of excusable neglect or extreme prejudice.
Pre-marking of Exhibits
See 'Moving Exhibits into Evidence' section.
Procedural Motions and Arguments
Judge Shea's Joint Trial Memorandum Instructions require in limine motions to be filed thirty days before the first pretrial conference, which will be scheduled after the parties file their Joint Trial Memorandum. Because of this, he deals with many of these motions at pretrial conferences or at oral argument before trial. Nonetheless, should additional issues arise at trial, Judge Shea expects counsel to alert him to potential problem areas in advance whenever possible. He hears argument on such matters before the commencement of the trial day or during breaks. Judge Shea rarely permits sidebars and rarely excuses the jury to entertain motions or objections.
Objections
Counsel are to state their objections in as few words as possible, without argument, in the presence of the jury, unless Judge Shea asks for more detail.
Jury Profiles
Upon request, attorneys receive basic information about jurors the day before trial.
Jury Selection
Judge Shea uses the entire venire in civil cases, and uses a modified version of the 'box method' in criminal cases. In civil cases, all prospective jurors answer all questions. In criminal cases, a group consisting of the number of jurors to be seated, plus the number of peremptory challenges, plus a few extra venirepersons, answer most of the questions, although the entire venire answers some preliminary questions. Judge Shea questions the panel himself, although he may permit counsel to follow up with those jurors summoned to sidebar. He asks general questions as well as some case-specific questions that have been requested by the attorneys. Each venireperson also announces his or her answers to a basic questionnaire. Judge Shea expects counsel to pay close attention to the answers from the venire and to develop their strategy for peremptory challenges while the questioning is proceeding. At the conclusion of the questioning, Judge Shea will afford counsel a short time – usually no more than 15 minutes – to confer with their clients and exercise their peremptory challenges.
Jurors in a Civil Case
The number of jurors selected in a civil case depends on the expected length of the case. At least seven will be selected, and usually eight.
Juror Notebooks
Judge Shea allows counsel to provide the jurors with binders containing exhibits that are in evidence.
Juror Notes
The court permits note taking by jurors and supplies notebooks for juror use.
Juror Charge
Judge Shea's Joint Trial Memorandum Instructions require proposed charges to be submitted. He prepares a draft of the charge, provides it to counsel during the trial, and holds a charge conference a day or two before giving the charge. Judge Shea charges the jury before closing arguments. He spends a few minutes after the closings to give the jurors some additional information about logistical matters so that there is a buffer between the arguments and deliberations.
Post-verdict Communications with Jurors
Judge Shea does not permit lawyers to communicate with jurors, but he sometimes speaks with jurors after the trial is over.
Motions in Limine
See Judge Shea's Joint Trial Memorandum Instructions and the 'Procedural Motions and Arguments' section above.
Technology
The use of overhead projectors, transparencies, Elmo, etc., is routine.
Counsel Placement in Court
Judge Shea does not require counsel to request permission to approach a witness or hand up documents. Attorneys are typically required to stand at a podium while questioning witnesses, though they are permitted to approach the witness as necessary.
Miscellaneous
Occasional Judgement
Judge Shea expects re-direct examination to be brief and limited to new issues arising out of cross examination. He does not allow re-cross examination.
Judge Shea prefers to deal with issues in advance of and outside the evidence presentation of the trial day. He encourages attorneys to raise issues requiring his attention as far in advance as possible so that they can be dealt with at the beginning or end of the trial day or during a break.
Orders and Instructions