Judge Michael M. Baylson
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy
- Chambers Drop Off
Motion, Brief
- Hand Delivery • Upon Filing
Proposed Findings Of Fact And Conclusions Of Law, Trial Memorandum
- 2 copies • Chambers Drop Off • At Least 3 Days Before Non Jury Trial
Communication
Phone
Chambers
Filing
Clerk
Chambers
Page & Word Limits2 rules
Machine summary. Not checked yet.Mandatory?
A party desiring to file a reply in support of any Motion may do so within seven (7) days of service of the brief responding to the Motion, limited to 15 pages, and limited to refuting arguments made in the opposition brief.
Summary: Replies to motions limited to 15 pages, due within 7 days
Reply
15 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
For Motions for Summary Judgment, a reply brief shall be filed by the moving party within seven (7) days following receipt of the responding party’s papers, limited to fifteen (15) pages, and limited to refuting arguments in the responsive brief.
Summary: Reply briefs for summary judgment motions limited to 15 pages and must be filed within 7 days.
Reply Brief
15 pages
Applies to: Attorney
Document Format Requirements2 rules
Machine summary. Not checked yet.Mandatory?
Judge Baylson requires all attorneys to use Electronic Case Filing (ECF). ECF provides greater efficiency and timeliness in the filing of pleadings, motions, and automatic e-mail notice of case activity, as well as electronic storage of documents for remote access by the Court, the Bar, and the litigants. Attorneys appearing before Judge Baylson are required to register as ECF Filing Users in accordance with Rule 5.1.2 of the Local Rules of Civil Procedure, referencing the Procedural Order on Electronic Case Filing.
Summary: Attorneys must use ECF and register as ECF Filing Users.
Machine summary. Not checked yet.Note?
Pro se parties are not required to use ECF.
Summary: Pro se parties are exempt from ECF requirement.
Document Filing Requirements12 rules
Machine summary. Not checked yet.Mandatory?
If any attorney for a party, or a pro se party, has used Artificial Intelligence ("AI") in the preparation of any complaint, answer, motion, brief, or other paper, filed with the Court, and assigned to Judge Michael M. Baylson, MUST, in a clear and plain factual statement, disclose that AI has been used in any way in the preparation of the filing, and CERTIFY, that each and every citation to the law or the record in the paper, has been verified as accurate.
Summary: AI disclosure and citation verification required for all filings.
Document Type
General
Machine summary. Not checked yet.Mandatory?
The filing of a Pretrial Memorandum as described in Local Rule 16.1(c) will be required.
Summary: Pretrial Memorandum required under Local Rule 16.1(c)
Document Type
Pretrial Memorandum
Machine summary. Not checked yet.Mandatory?
Stipulations should be filed on CM/ECF and should contain a signature block for the judge to sign it as an Order, if approved.
Summary: Stipulations must be filed on CM/ECF with judge signature block
Document Type
Stipulation
Machine summary. Not checked yet.Mandatory?
The responding party shall include, preferably as a separate document, or within the Memorandum of Law, a “Statement of Disputed or Undisputed Facts” responding to the numbered paragraphs set forth in the moving party’s statement, either admitting that the
Summary: Opposition to summary judgment requires Statement of Disputed Facts
Document Type
Opposition To Summary Judgment
Machine summary. Not checked yet.Mandatory?
The party filing a Motion for Summary Judgment shall include, preferably as a separate document, or, if short, within the Memorandum of Law, a “Statement of Undisputed Facts,” which sets forth, in numbered paragraphs, all material facts that the moving party contends are undisputed, with record references.
Summary: Summary judgment motions require Statement of Undisputed Facts
Document Type
Motion For Summary Judgment
Machine summary. Not checked yet.Mandatory?
Statements of material facts in support of or in opposition to a Motion for Summary Judgment shall include specific and not general references to the parts of the record that support each statement, such as the title or numbered reference to a document, or the name of a deponent and the page(s) of the deponent’s deposition, or the identity of an affidavit or declaration and the specific paragraph relied upon.
Summary: Summary judgment statements must include specific record references with document titles, deponent names, page numbers, or affidavit paragraphs.
Document Type
Statement Of Material Facts
Machine summary. Not checked yet.Mandatory?
For Summary Judgment Motions, the moving party shall also respond to the responding party’s statement of additional material facts, following the numbered paragraphs.
Summary: Moving party must respond to responding party's additional material facts in numbered paragraphs.
Document Type
Reply Brief
Machine summary. Not checked yet.Mandatory?
Exhibits should be listed in an index and tabbed with corresponding numbers/letters.
Summary: Exhibits must be listed in an index and tabbed with corresponding numbers/letters.
Document Type
Exhibits
Machine summary. Not checked yet.Mandatory?
Any party having an objection to: (a) the admissibility of any exhibit based on authenticity; (b) the adequacy of the qualifications and/or admissibility of testimony of an expert witness expected to testify; or (c) the admissibility of any opinion testimony from lay witnesses pursuant to Federal Rule of Evidence 701, shall set forth separately each such objection in its Pretrial Memorandum or by Motion. Each objection shall describe with particularity the ground for the objection. These issues should be addressed at the Final Pretrial Conference.
Summary: Objections to exhibits, expert testimony, or lay witness opinion testimony must be set forth in Pretrial Memorandum or by Motion with particularity.
Document Type
Pretrial Memorandum
Machine summary. Not checked yet.Mandatory?
If any attorney for a party, or a pro se party, has used Artificial Intelligence (“AI”) in the preparation of any complaint, answer, motion, brief, or other paper, filed with the Court, and assigned to Judge Michael M. Baylson, MUST, in a clear and plain factual statement, disclose that AI has been used in any way in the preparation of the filing, and CERTIFY, that each and every citation to the law or the record in the paper, has been verified as accurate.
Summary: AI disclosure and citation verification required for all filings.
Document Type
All
Machine summary. Not checked yet.Important?
Unexcused violations of Scheduling Orders are subject to sanctions under FED. R. CIV. P. 16(f), upon Motion or the initiative of the Court.
Summary: Violations of Scheduling Orders subject to sanctions under Rule 16(f)
Document Type
Scheduling Order
Machine summary. Not checked yet.Important?
Surreply briefs are not accepted without leave of the Court and should only be requested if the moving party has asserted new arguments or citations in its reply brief.
Summary: Surreplies require leave of court and only for new arguments
Document Type
Surreply
Filing & Service rules
Courtesy Copy Requirements
Paper courtesy copies required for pleadings/motions over 20 pages or with multiple exhibits.
If Pleadings/Motions are accompanied by lengthy (exceeding 20 pages) or multiple Exhibits, a paper copy of the Pleadings with Exhibits, bound and appropriately tabbed, must be mailed or delivered to Chambers. Courtesy copies may not be e-mailed to Chambers.
Machine summary. Not checked yet. · Civil cases
Page 1 | Electronic Case Filing
Two courtesy copies required for non-jury trial submissions.
At least three (3) days before a non-jury trial, each party shall submit to the Court (Chambers, Room 3810) two (2) copies of:
Machine summary. Not checked yet. · Civil cases
Page 10 | Trial Procedures
Courtesy copies to Chambers required only for motions/briefs with detailed exhibits.
Courtesy copies of motions and briefs to Chambers are required only if accompanied by detailed exhibits.
Machine summary. Not checked yet. · Civil cases
Page 11 | Electronic Mail to Chambers
Lengthy documents must be delivered to Chambers.
be delivered to Chambers if any documents are lengthy.
Machine summary. Not checked yet. · Civil cases
Page 9 | Trial Procedures
Filing Bundling Requirements
Cases should be tried within 1 year of filing, or 2 years if extended pretrial proceedings are necessary.
The Court intends that most cases should be tried (if not settled) within one year of filing. If extended pretrial proceedings are necessary, every case should reach trial no later than two years after the date of filing. Exceptions will be necessary only when there have been interlocutory appeals or other unusual pretrial procedures.
Machine summary. Not checked yet. · Civil cases
Page 7 | Trial
Sidebar conferences are prohibited unless essential; most issues can be resolved by open court objections or pretrial motions.
Sidebar conferences are exceptionally disruptive to the normal flow of a trial and often raise questions in the jury’s mind as to why counsel need to talk to the Judge out of their hearing. Judge Baylson does not allow sidebar conferences, unless he believes it is essential at that time. Experience has shown that 99% of the occasions on which counsel ask for sidebar conferences can be resolved by an objection in open Court, or could have been raised either by a pretrial motion in limine or prior to the start of Court that day or at a recess.
Machine summary. Not checked yet. · Civil cases
Page 8 | Trial
Voir dire may be scheduled days before lengthy trials; counsel exchange questions and may conduct voir dire without Judge present.
Voir dire may be scheduled several days prior to the start of a lengthy trial, to give jurors the opportunity to make arrangements with their employers or families. Counsel shall exchange proposed voir dire questions with each other and may be required to conduct the voir dire themselves without the Judge present in the Courtroom.
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Page 7 | Trial
General yes/no questions asked to entire panel; those answering yes provide details.
General questions, answered “yes” or “no,” shall be asked of the entire panel, and those members of the panel who answer “yes” shall details behind their “yes” answer to a specific question.
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Page 7 | Trial
Parties must inquire about offers of proof from opposing counsel before trial; dissatisfied parties must file motion for relief.
If any party desires an “offer of proof” as to any witness or exhibit expected to be offered, that party shall inquire of opposing counsel prior to trial for such information. If the inquiring party is dissatisfied with any offer provided, such party shall file a motion seeking relief from the Court prior to trial.
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Page 7 | Trial
Questioning ceases when sufficient jurors remain; counsel make alternating strikes; jury seated in courtroom sequence.
Once there is a sufficient number of jurors to allow for the Court to rule on any unresolved challenges for cause and for preemptive strikes, the questioning shall cease, and counsel shall make strikes on an alternating basis, following which the jury will be seated in the jury box in the same sequence as seated in the courtroom and sworn.
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Page 7 | Trial
Trial pool date is when parties should be prepared to start trial; actual date depends on ongoing trials and pending dispositive motions.
The “trial pool date” is the date on which the parties should be prepared to start trial. The actual trial date is usually discussed as part of the final pretrial conference (see above). If possible, the Court will set a specific date, but the actual start of a trial may depend on completion of an already on-going trial. If dispositive motions are still pending, a new trial pool date will be set if the dispositive motion is denied.
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Page 7 | Trial
Pre-Motion Conference Requirements
Parties may agree to a different briefing schedule.
The parties may stipulate to a briefing schedule.
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Page 5 | Summary Judgment Motion Procedures
Chambers Communication Rules
Pro se parties must file with Clerk, not Chambers.
Pro se parties are expected to adhere to the Federal Rules of Civil Procedure and the Local Rules of Civil Procedure and to file all of their pleadings with the Clerk of the Court, rather than directly with Chambers.
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Page 10 | General Matters
Email to Chambers prohibited except for specific limited circumstances.
Electronic Mail to Chambers is not permitted except for the following reasons: 1) in direct response to an e-mail from Chambers as to that circumstance or event only; 2) as specifically directed by the Court for a submission via e-mail; and/or 3) with express permission given by Chambers (in very limited and extenuating circumstances).
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Page 11 | Electronic Mail to Chambers
Telephone calls to law clerks are discouraged; scheduling matters should go to Deputy Clerk.
Telephone calls to law clerks are discouraged. Law clerks are not permitted to render advice and have no authority to grant continuances or to speak on behalf of the Court. All scheduling matters should be discussed with the Deputy Clerk.
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Page 10 | General Matters
Preliminary pretrial conference is 10 minutes; call Chambers to reschedule if needed.
The Preliminary Pretrial Conference will take approximately 10 minutes. If it is truly impossible for trial or associate counsel to attend the Preliminary Pretrial Conference, please call Chambers to reschedule.
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Page 2 | Pretrial
Junior Lawyer Participation Incentives
Oral argument may be requested or required by the Court.
Oral argument may be requested or may be required by the Court.
Machine summary. Not checked yet. · Civil cases
Page 5 | Summary Judgment Motion Procedures
Judge encourages junior attorneys who worked on briefs to participate in oral argument.
Judge Baylson encourages counsel to allow junior attorneys who have worked on the briefs to participate in the oral argument.
Machine summary. Not checked yet. · Civil cases
Page 11 | Oral Argument
Oral argument may be requested on any pending motion; usually granted for dispositive motions or complex issues.
Counsel in any case may request oral argument on a pending motion. Judge Baylson usually schedules oral argument on dispositive motions, or where the issues are complex and there is no controlling appellate decision.
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Page 11 | Oral Argument