Last Updated August 27, 2024

1. Court Appearances
   Counsel should arrive at the courthouse at least 15 minutes prior to any scheduled court appearance to clear security and check in with court personnel.
2. Proposed Orders
   Proposed orders must accompany all non-dispositive motions and responses opposing non-dispositive motions. The orders must be submitted in modifiable “Word” format to [email protected].
3. Civil Case Management Procedures
   
   1. Fed. R. Civ. P. 26(f) Conference and Joint Report
      Once an answer or other responsive pleading is filed, the Court will schedule the Rule 16(b)(1)(B) Scheduling Conference. The parties, through counsel, must confer on the matters set out in Rule 26(f) prior to the Scheduling Conference. The Court encourages the parties to prepare and file a joint report at least three days before the Scheduling Conference; however, the parties are not required to do so.
   2. Fed. R. Civ. P. 16(b)(1)(B) Pretrial Conference (“Scheduling Conference”)
      Judge Scholer conducts preliminary scheduling conferences in nearly all civil cases. The early and active involvement by both the Court and the parties helps “to secure the just, speedy, and inexpensive determination of every action and proceeding” per Rule 1 of the Federal Rules of Civil Procedure.
      1. Although Scheduling Conferences may be conducted virtually on occasion upon request, Judge Scholer prefers to conduct them in person. Leave to appear virtually will not be granted absent extraordinary circumstances.
      2. Any counsel of record may appear for the Scheduling Conference.
      3. If permission to proceed in the case without local counsel has previously been granted by the Court, permission will be revoked if distance from the courthouse is used as a basis for seeking leave to appear virtually at the Scheduling Conference.
      4. Submitting a proposed agreed scheduling order does not excuse counsel from attending the Scheduling Conference. The Court will notify counsel if the Scheduling Conference is cancelled for any reason.
      5. Leave to reschedule the Scheduling Conference is routinely granted upon a showing of good cause. Requests to reschedule must be made by motion. The motion must set forth all immovable conflicts for all attorneys of record and must include a certificate of conference.
   3. Scheduling Order
      The parties will be encouraged to submit a proposed agreed scheduling order at least 3 days before the Scheduling Conference. The scheduling order should be based on the form provided HERE. If the parties deviate from the Court's form scheduling order, they must submit a redlined version showing where the proposed order differs from the Court's standard form. Proposed agreed scheduling orders are routinely signed by the Court with little to no modification.
      1. The Scheduling Order may seek to modify deadlines set forth in the Federal Rules of Civil Procedure and Local Rules.
      2. The trial date shall be set for a three-week docket in the Scheduling Order. It should be set on a Monday unless the Monday is a federal or religious holiday. The parties may select any Monday in a given month; the Court does not restrict the dates on which trial may be set.
      3. The trial date will not be changed at the request of any party absent extraordinary good cause set forth in a motion.
      4. The final pretrial conference date and time shall be included in the Scheduling Order. Final pretrial conferences typically take place at 1:30 p.m. on the Monday of the week before the trial date.
      5. The Court requires that dispositive motions be filed at least 120 days before trial.
      6. The dispositive motion deadline, the pretrial conference, and the trial date may not be changed without the Court's approval. Other dates may be modified by written agreement of all parties and do not require leave of court.
   4. Referrals to Magistrate Judges
      Motions and cases are sometimes referred to magistrate judges.
   5. Mediation
      Mediation is ordered in most cases. The Court will identify a default mediator at the Scheduling Conference to be appointed in the case if the parties cannot agree on a mediator by the time they submit their proposed scheduling order. The parties may not eliminate the mediation requirement from the Scheduling Order or substitute the mediator except by leave of court.
4. Discovery in Civil Cases
   
   1. Filing Discovery Material
      Parties are to follow Local Civil Rule 5.2.
   2. Expedited Discovery Docket
      To facilitate orderly preparation for trial, the Court may conduct an expedited discovery hearing docket. Any party may request expedited hearing of a discovery dispute. Requests must be made by motion filed at least ten days prior to the requested docket. Requests may be made concurrently with filing the motion. Seeking relief from the Court on discovery disputes prior to conducting a meaningful, substantive conference with the opposing party is strongly discouraged.
   3. Depositions and Pretrial Subpoenas
      A motion or objection to the taking of a deposition and/or issuance of a pretrial subpoena for documents in connection with discovery that is filed within five business days of the receipt of notice has the effect of staying the deposition and/or subpoena pending court order on the motion or objection; otherwise, the deposition and/or subpoena will not be stayed except by court order.
5. Trial Procedures
   
   1. Exhibits
      1. Each party must comply with the requirements of Local Civil Rule 26.2(b) or Local Criminal Rule 16.1.  The Court may pre-admit exhibits at the pretrial conference.  Counsel should supply a copy of all exhibits for the Court’s use.  The copies should be three-hole-punched and in binders. Counsel should also provide the Court Reporter with electronic copies of the exhibits via flash drive.
      2. Exhibits should be pre-marked with exhibit stickers in the lower right-hand corner.  If there are sub-exhibits, letters are acceptable (i.e., 1 A, 1 B, etc.).
      3. Counsel should provide testifying witnesses with their own hard copies of the exhibits.
      4. Counsel shall confer with the Court Reporter at the end of each trial day regarding exhibits.  Admitted exhibits will be kept in the custody of the Court Reporter.
   2. Video/Deposition Testimony
      If deposition testimony will be offered in lieu of live testimony, counsel should provide the Court Reporter with the designated deposition transcript.
   3. Witness Lists
      By 21 days before trial, each party must file a list of witnesses who may be called in its case-in-chief. The list must contain a brief narrative summary of the testimony to be elicited from each witness and must state whether the witness's testimony at trial is "probable," "possible," "expert," or "record custodian." A copy of this list must be furnished to the Court Reporter before trial.
   4. Voir Dire
      The Court may conduct a brief voir dire and generally allows questioning by attorneys averaging 20-30 minutes per side.
   5. Proposed Jury Instructions/Findings of Fact and Conclusions of Law
      Each party must e-file its annotated requested jury instructions or proposed findings of fact and conclusions of law at least 21 days before trial and must also email it in "Word" format to [email protected]. The instructions and issues must be tailored to the specific case. Agreed jury charges are strongly encouraged.
   6. Realtime/Daily Copies
      Counsel should notify the Court Reporter at least 14 days before trial if they will need real-time hookup, daily copies, or rough draft copies.
6. Miscellaneous Procedures
   
   1. Courtroom Attire
      1. Business attire is required for counsel and encouraged for parties.
      2. Jackets are required to be worn by counsel, male and female, at all times in the courtroom.
   2. Courtroom Decorum
      1. Lawyers should rise when addressing the Court and when the jury enters and exits the courtroom.
      2. Lawyers will examine witnesses from the lectern and must seek initial permission to approach any witness.  Once permission to approach is granted, it continues during that lawyer’s examination of the witness.
      3. Lawyers should direct all remarks to the Court, not to opposing counsel.
      4. Lawyers should refer to all persons, including witnesses, other attorneys, and the parties, by their surnames and not by their first or given names.
      5. Lawyers must admonish all persons at counsel table that visible or audible manifestations of approval or disapproval (including, but not limited to, gestures, facial expressions, and audible comments or reactions) during the testimony of a witness, or at any other time, are prohibited.
      6. Only water may be consumed at counsel tables. Counsel are permitted to bring water bottles for themselves, clients, and witnesses into the courtroom.  No other food or drink is allowed in the courtroom without permission of the Court.
      7. Gum chewing is strictly prohibited.
   3. Courtesy or Hard Copy of Pleadings
      Courtesy copies are not required or desired unless specifically requested by the Court.
   4. Telephone Calls to Chambers
      An attorney may address a procedural or scheduling question that cannot be answered by the Federal Rules of Civil Procedure, Local Rules, or the Scheduling Order to the Court. Questions regarding what has/has not been filed should be addressed to the District Clerk's office. The Court’s staff will not give legal advice or predict what the Court will do on a given matter. When contacting the Court, please leave a voicemail that includes your name, the case name and number, your phone number, and a brief summary of your question.
   5. Hand Delivered and Faxed Documents
      The Court does not accept filings by fax or hand deliveries to Court Chambers unless arranged in advance and approved by the Courtroom Deputy or Law Clerk.
   6. Electronic Equipment in the Courtroom
      Counsel must secure permission and make arrangements with the Courtroom Deputy in advance of hearings or trial.
7. Intern/Extern Positions (Law Students)
   To apply for an intern/extern position, please send a cover letter, résumé, and transcript to [email protected].
8. Law Clerk Positions
   Law Clerk positions have been filled through Spring 2028. Judge Scholer is not currently considering Law Clerk applications. To be considered for a clerkship for later terms, please submit an application packet, including cover letter, résumé, undergraduate and law school transcripts, writing sample, and 2-3 reference letters, beginning in Spring 2027.
9. Contact Information: