HONORABLE WILLIAM J.  MARTINI

United States District Judge

STANDING ORDERS:

None, except these individual practice rules.

PROCEDURE TO ADMIT COUNSEL PRO HAC VICE:

Applications to admit out-of-state counsel pro hac vice are referred to the Magistrate Judge for disposition.

MOTION PRACTICES:

Briefs: Judge Martini requires strict compliance with the length limitations and format requirements for briefs set forth in L.Civ.R.  7.2(b) and any amendments and modifications thereto.  Judge Martini enforces the provision in that Rule that mandates that a litigant request special permission from the Court before submitting papers that are not in compliance, except that informal letter briefs are permitted when appropriate.  All briefs, attachments, and other submissions to the Court must be filed in searchable PDF format.

Dispositive Motions: Judge Martini requires that the procedures of L.Civ.R.  7.1(b) and L.Civ.R.  56.1 be followed. 

Summary Judgment and Statements of Material Fact: Motions for summary judgment must be accompanied by a statement of material fact.  Each fact must include a citation to the record evidence with a pin cite that supports that fact.  Facts without citation to record evidence may be disregarded by the Court. 

Oppositions to Motions for Summary Judgment: If a summary judgment motion is opposed, the opposing party shall set forth, in a single document, each paragraph of the moving party’s statement of material facts.  Directly below each paragraph, the opposing party shall denote whether that fact is disputed or undisputed.  If the fact is disputed, the opposing party must include a citation to record evidence with a pin cite that supports the dispute.  Any explanation must also include citation to record evidence with a pin cite.  Opposing parties may include additional facts in supplemental paragraphs after responding to each of the movant’s statements of material fact.  However, responsive statements of material fact without citation and pin cite to record evidence may be disregarded. 

Deposition Transcripts: If a party relies on deposition testimony in support of, or in opposition to, a motion, the party must submit a copy of the entire deposition transcript and any exhibits introduced in that deposition to the Court in searchable PDF format.

Oral Argument: Oral argument will not be held automatically on the listed return date.  If the Court grants the request for oral argument or wishes to hear oral argument on a matter where no request has been made, the courtroom deputy shall contact the parties to schedule oral argument.  Absent a request for oral argument, the matter will be decided on the papers pursuant to Fed.  R.  Civ.  Pro.  78(b). 

The Court is more likely to grant oral argument if a party represents that a junior attorney (i.e., under five years of experience) will present the argument.  The Court will permit a supervising lawyer to assist the junior lawyer at the argument, if necessary. 

Motions to Seal: Motions to seal are referred to the Magistrate Judge.  If a party seeks to restrict public access to a document, it must comply with L.Civ.R.  5.3, including that “[a]bsent extraordinary circumstances, a party shall not file a motion or other materials with redacted information, absent a confidentiality order which expressly grants leave to file under seal or other appropriate leave of Court.”  L.Civ.R.  5.3(b)(6).  If the parties believe sealing will be necessary, parties should coordinate with the Magistrate Judge in advance of filing.

Telephone Conferences: Judge Martini conducts telephone conferences on motions at the Court’s initiation.

COMMUNICATIONS WITH THE COURT:

Judge Martini permits submission of papers via email or fax only with advance permission from Chambers.  Communications with the Judge’s law clerks are permitted.

COPIES OF PAPERS:

            Courtesy Copies: Except for sealed documents, for all submissions under forty pages (including all attachments, proposed orders, etc.), no courtesy copies are required.  For submissions larger than 40 pages, parties shall submit one courtesy copy to the Court by regular mail.  For filings larger than 100 pages, parties shall also submit digital courtesy copies in searchable PDF format on a CD-ROM, DVD, or USB drive. 

Sealed Filings: All papers filed under seal shall be submitted in unredacted form to the Court in hard copies and digital copies in searchable PDF format on a CD-ROM, DVD, or USB drive.

TRIAL PRACTICES:

Trial Submissions.  Trial briefs, proposed voir dire questions, proposed jury instructions, lists of pre-marked exhibits, witness lists including the name and address of each potential witness, and requests to charge should be submitted by counsel at least two weeks prior to the commencement of the trial.  Requests to charge should be submitted via email to the Judge’s law clerk in Word and PDF format.

Jury Selection: All questions on voir dire will be asked by Judge Martini.  Judge Martini follows the normal federal procedure for jury selection in both civil and criminal cases.  Thus, there is no designation of alternates in civil cases; alternates are predesignated in criminal eases.

Methods for Peremptory Challenges: Judge Martini prefers that counsel stand and announce their peremptory challenges. 

Effect of Pass in Peremptories: Judge Martini requires that a party forfeit any peremptory challenge that could have been, but was not, used in any round where the adversary continues to exercise peremptories. 

Juror Note Taking: Judge Martini does not permit jurors to take notes.

Juror Questioning: Judge Martini does not permit jurors to submit questions to the Court to be posed to witnesses.

Jury Charges: Judge Martini provides jurors with a written copy of the jury charge.  He charges the jury on substantive matters after closing arguments.  He may charge the jury on the substantive law before closing arguments if counsel requests.

Exhibits: Judge Martini prefers the use of jury books containing exhibits and ordinarily sends all exhibits to the jury room except narcotics, weapons or money.  If jurors wish to see such an exhibit during deliberations, they will be permitted to do so in open court.  The Courtroom Deputy shall take possession of all exhibits as they are entered into evidence, except narcotics, money and weapons.  Possession of these exhibits shall remain with the prosecuting attorney and/or investigating agency throughout the trial.

If counsel intends to use electronic demonstrative evidence at trial, the Court should be notified at least 10 days in advance of trial.

Conference with Jurors: Judge Martini may on occasion hold post-verdict or post-discharge conferences with jurors.

PROBATION REPORT:

Judge Martini does not permit the defendant or counsel to review the Probation Departments recommendations as to sentence.

PARTICULAR CONCERNS:

(1) All submissions, including correspondence, must be electronically filed via CM/ECF.  No submissions will be accepted via fax or email without the express consent of Chambers.

(2) All requests should be accompanied by a proposed order.

(3) Failure to follow these individual practice rules may result in the administrative termination of any motion or other request without prejudice. 

(4) In appropriate cases, Judge Martini encourages expedient settlement and the use of alternative dispute resolution.  The senior attorney in charge of the case or trial counsel must attend all settlement conferences, and the client with full settlement authority must either attend or be immediately available by phone.  In cases involving insurance companies and other corporate business entities, it is expected that the executive who will make the final decision on the settlement will be the person available for the conference.