Judge Anita B. Brody
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- 2 copies • Hand Delivery • Upon Filing
- 2 copies • Upon Filing
Courtesy copies
- 2 copies
- 2 copies • Prior To Trial
Adjournments
- Extension requests must include a specific revised deadline date.
- Initial extension requests are generally accommodated; subsequent requests are less likely to be granted.
- Continuances are unlikely once trial is set.
Request must include
Communication
Chambers
Page & Word Limits6 rules
Machine summary. Not checked yet.Mandatory?
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.
Summary: Briefs and memoranda of law are limited to 35 pages unless court authorizes otherwise.
Brief Or Memorandum Of Law
35 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
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.
Summary: 21 days to respond to summary judgment motions, 10 days for reply/surreply.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
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.
Summary: Voir dire limited to 15 questions in civil cases, initial questioning only from submitted questions.
Voir Dire Questions
15 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Proposed voir dire questions (limited to 15 questions);
Summary: Proposed voir dire questions limited to 15 questions.
Proposed Voir Dire Questions
Machine summary. Not checked yet.Mandatory?
Briefs or memoranda of law filed with the Court must not exceed 35 pages unless otherwise authorized by the Court.
Summary: Briefs and memoranda of law are limited to 35 pages.
Brief
35 pages
Applies to: Attorney
Machine summary. Not checked yet.Important?
Unless the parties arrange for more time in advance, counsel should assume a 20 minute limit.
Summary: 20 minute limit for oral arguments unless parties arrange otherwise.
Structured details unavailable. See the source text.
Document Format Requirements5 rules
Machine summary. Not checked yet.Mandatory?
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.
Summary: Two hard copies of all pretrial submissions required, single-sided, three-hole punched, unstapled.
Machine summary. Not checked yet.Mandatory?
All filings should be submitted in 14-point font.
Summary: All filings must use 14-point font.
Machine summary. Not checked yet.Mandatory?
Proposed jury instructions (one point per page);
Summary: Proposed jury instructions must be one point per page.
Machine summary. Not checked yet.Important?
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.
Summary: Pretrial submissions must be printed single-sided on three-hole punched paper and not stapled.
Machine summary. Not checked yet.Note?
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.
Summary: Non-urgent requests must be filed as motions, but formal motion formatting is not required; a letter format is acceptable for motions and responses.
Document Filing Requirements33 rules
Machine summary. Not checked yet.Mandatory?
Prior to trial, each party must submit two marked copies of the trial exhibits and three copies of the exhibit list to chambers.
Summary: Two marked copies of trial exhibits and three copies of exhibit list required for chambers.
Document Type
Trial Exhibits
Machine summary. Not checked yet.Mandatory?
Each party must email a copy of its proposed jury instructions in Microsoft Word format to the law clerk assigned to the case.
Summary: Proposed jury instructions must be emailed to law clerk in Microsoft Word format.
Document Type
Proposed Jury Instructions
Machine summary. Not checked yet.Mandatory?
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.
Summary: Trial counsel must attend; all participating counsel must enter ECF appearance and file pro hac vice motions with fees before conference.
Document Type
Appearance
Machine summary. Not checked yet.Mandatory?
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.
Summary: Counsel must have settlement authority and client available by phone during conference.
Document Type
Pretrial Conference
Machine summary. Not checked yet.Mandatory?
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.
Summary: Joint proposed discovery plan must be submitted via ECF 3 days before initial pretrial conference.
Document Type
Discovery Plan
Machine summary. Not checked yet.Mandatory?
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.
Summary: Summary judgment motions must include statement of undisputed/disputed facts with record citations.
Document Type
Summary Judgment Motion
Machine summary. Not checked yet.Mandatory?
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.
Summary: After trial in non-jury cases, proposed findings of fact and conclusions of law with citations to notes of testimony are required.
Document Type
Proposed Findings Conclusions
Machine summary. Not checked yet.Mandatory?
Judge Brody expects the submission of sentencing memoranda by both the government and the defendant well in advance of the sentencing.
Summary: Sentencing memoranda required from both government and defendant well in advance of sentencing.
Document Type
Sentencing Memorandum
Machine summary. Not checked yet.Mandatory?
Judge Brody requires that exhibits be marked and exchanged prior to trial.
Summary: Exhibits must be marked and exchanged before trial.
Document Type
Exhibit
Machine summary. Not checked yet.Mandatory?
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.
Summary: Motions in limine required for anticipated issues with memoranda, addressed at final pretrial conference.
Document Type
Motion In Limine
Machine summary. Not checked yet.Mandatory?
In non-jury cases, Judge Brody requires that parties submit separate trial memoranda that address important legal issues and include citation to legal authority.
Summary: Separate trial memoranda required in non-jury cases addressing legal issues with citations.
Document Type
Trial Memoranda
Machine summary. Not checked yet.Mandatory?
Counsel are required to submit proposed verdict sheets and any special interrogatories.
Summary: Proposed verdict sheets and special interrogatories required.
Document Type
Verdict Sheets
Machine summary. Not checked yet.Mandatory?
Objections to videotaped testimony should be submitted before the final pretrial conference. A transcript of the testimony should also be provided.
Summary: Objections to videotaped testimony and transcript must be submitted before final pretrial conference.
Document Type
Videotaped Testimony
Machine summary. Not checked yet.Mandatory?
The parties must submit prior to the final pretrial conference any exhibits that are in dispute.
Summary: Disputed exhibits must be submitted before final pretrial conference.
Document Type
Exhibit
Machine summary. Not checked yet.Mandatory?
Judge Brody requires that parties submit pretrial memoranda. The trial scheduling order provides instructions on the information the parties must include in their memoranda.
Summary: Pretrial memoranda required with instructions in trial scheduling order.
Document Type
Pretrial Memoranda
Machine summary. Not checked yet.Mandatory?
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.
Summary: Proposed jury instructions must be filed on ECF and emailed to law clerk in Word format.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
Each party must email a copy of its proposed jury instructions in Microsoft Word format to the law clerk assigned to the case.
Summary: Proposed jury instructions must be emailed to law clerk in Word format.
Document Type
Proposed Jury Instructions
Machine summary. Not checked yet.Mandatory?
Prior to trial, each party must submit two marked copies of the trial exhibits and three copies of the exhibit list to chambers.
Summary: Two marked copies of trial exhibits and three copies of exhibit list required before trial.
Document Type
Trial Exhibits
Machine summary. Not checked yet.Mandatory?
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.
Summary: Summary judgment motions and responses must include a statement of undisputed and disputed facts with record citations.
Document Type
Summary Judgment Motion
Machine summary. Not checked yet.Mandatory?
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.
Summary: Summary judgment motions and responses must include a statement of facts with citations to the record.
Document Type
Summary Judgment
Machine summary. Not checked yet.Important?
The pretrial memorandum of each party must include the following: • A brief statement of the facts of the case. • 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.
Summary: Pretrial memorandum must include statement of facts, damages list, witness list, exhibit schedule, objections, trial estimate, and special comments.
Document Type
Pretrial Memorandum
Machine summary. Not checked yet.Important?
The separate trial memorandum of each party must address important legal issues and include citation to legal authority.
Summary: Trial memorandum must address important legal issues with citations to legal authority.
Document Type
Trial Memorandum
Machine summary. Not checked yet.Important?
Disagreements concerning the timetable of discovery or other discovery-related matters must be highlighted in bold-face type.
Summary: Disagreements in the Proposed Discovery Plan must be highlighted in bold.
Document Type
Proposed Discovery Plan
Machine summary. Not checked yet.Important?
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.
Summary: Scheduling requests must include reasons, agreement/disagreement of counsel, and five alternative dates.
Document Type
Scheduling Request
Machine summary. Not checked yet.Note?
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.
Summary: No policy on reading stipulations/pleadings/discovery into record; counsel preference considered.
Document Type
Trial Procedure
Machine summary. Not checked yet.Note?
Judge Brody permits side bar conferences during trial to address matters that were unanticipated prior to trial.
Summary: Side bar conferences permitted for unanticipated trial matters.
Document Type
Trial Procedure
Machine summary. Not checked yet.Note?
Judge Brody expects counsel to refrain from objecting during closing argument if the objection can wait until counsel has finished.
Summary: Objections during closing argument should be deferred until counsel finishes.
Document Type
Closing Argument
Machine summary. Not checked yet.Note?
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.
Summary: Note-taking by jurors permitted on case-by-case basis considering counsel or juror requests.
Document Type
Jury Instructions
Machine summary. Not checked yet.Note?
Counsel may move for a directed verdict either orally or in writing. Judge Brody usually conducts oral argument on such a motion.
Summary: Directed verdict motions may be oral or written; oral argument usually conducted.
Document Type
Directed Verdict
Machine summary. Not checked yet.Note?
Judge Brody makes every effort to accommodate counsel regarding the scheduling of witnesses.
Summary: Judge will accommodate counsel on witness scheduling.
Document Type
Witness Scheduling
Machine summary. Not checked yet.Note?
Generally, Judge Brody will not impose time limits on opening statements or summations and does not require use of the lectern.
Summary: No time limits on opening statements or summations; lectern use not required.
Document Type
Opening Statements
Machine summary. Not checked yet.Note?
Upon request, Judge Brody may permit further examination of a witness after redirect or recross has been completed.
Summary: Further examination of witness permitted after redirect/recross upon request.
Document Type
Witness Examination
Machine summary. Not checked yet.Note?
Unless otherwise necessary, counsel may wait until the close of his or her case to move for the admission of exhibits.
Summary: Exhibits may be moved into evidence at close of case unless otherwise necessary.
Document Type
Exhibit
Filing & Service rules
Electronic Filing Rules
Proposed Discovery Plan must be filed electronically on ECF.
The Proposed Discovery Plan must be filed on ECF.
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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.
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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.
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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).
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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.
Machine summary. Not checked yet. · 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.
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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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · 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.
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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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · Civil cases
Page 4 | General Motions Practice
Adjournment & Extension Requirements
Extension requests must include a specific revised deadline date.
A party seeking an extension should provide a date certain for the requested revised deadline.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · 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.
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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.
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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.
Machine summary. Not checked yet. · Civil cases