Judge Patti B. Saris

Federal Judicial Service

Judge, U. S. District Court, District of Massachusetts, Chief Judge, 2013 - 2019.

United States Sentencing Commission, Chair 2011-2017

Nominated by William J. Clinton on October 27, 1993, to a seat vacated by Walter Jay Skinner; Confirmed by the Senate on November 20, 1993, and received commission on November 24, 1993.

U.S. Magistrate Judge, U.S. District Court for the District of Massachusetts, 1986-1989

Education

Radcliffe College, B.A., 1973
Harvard Law School, J.D., 1976

Courthouse

Boston Courthouse

John Joseph Moakley U.S. Courthouse
1 Courthouse Way, Suite 2300
Boston, Massachusetts 02210

Courtroom

19, 7th floor

John J. Moakley Federal Courthouse - Boston, MA
John J. Moakley Federal Courthouse - Boston, MA
Courtroom Technology

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Staff
USDC Judicial Forum Survey

Civil - Case Management

Q1: Do you have any specific scheduling order or any particular topics that counsel must address in the joint statement in addition to/or in lieu of the topics required to be addressed under Local Rule 16.1(D) for the initial scheduling conference?

A1: No.

Q2: If you have a specific scheduling order, please attach your order.
A2: No.

Q3: Do you have any additional requirement(s) as to the attorneys' obligation that they confer with their client(s) about case budget and ADR pursuant to Local Rule 16.1(D)(3)?
A3: No.

Q4: What, if any, inquiries do you make about settlement prospects and/or interest in mediation at the initial scheduling conference?

A4: The judge schedules mediation at the initial scheduling conference. The parties shall be prepared to discuss the amount of discovery necessary for effective settlement discussion.

Q5: What, if any inquiries do you make about the liklihood of trial at the initial scheduling conference?

A5: The Court schedules summary judgment briefing or a trial date. The Court expects counsel to be prepared to discuss the facts and legal issues in the case.

Q6: What schedule do you set at the initial scheduling conference?
A6: The Court schedules (1) fact discovery, (2) expert discovery, (3) Daubert briefing, (4) summary judgment briefing, (5) trial, (6) mediation.

Q7: After the initial scheduling conference, do you hold status conferences?
A7: Rarely, if the attorneys request one.

Q8: If so, when do you hold status conferences?

A8: N/A

Q9: If so, what issues do you address at status conferences?

A9: N/A

Civil - Discovery

Q10: Other than the requirements under Local Rule 16.1(D) for addressing certain discovery topics in the parties' joint statement, what, if any, discovery issues do you like counsel to be prepared to address at the initial scheduling conference?
A10: The parties should be prepared to discuss a discovery schedule to facilitate settlement or dispositive motions.

Q11: What, if any, issues related to electronically stored information should counsel be prepared to address at the initial scheduling conference?
A11: The parties shall inform the Court if there is likely to be a dispute regarding a protective order.

Q12: If the parties intend to file a proposed protective order, do you require any particular format and/or a specific time for doing so?
A12: No. However, any protective order shall not be binding on the Court. I will independently determine what information will be publicly available in my opinions and public pleadings.

Q13: Under what circumstances would you consider a bifurcation of discovery?
A13: The parties may propose bifurcated discovery to cut down on expenses.

Q14: Given the new requirement under Fed. R. Civ. P. 26(b)(1) regarding the proportionality of the scope of discovery, what, if any inquiry do you make about this issue at the initial scheduling conference?
A14: The Court will inquire about the proportionality of discovery.

Q15: Other than the requirement that the parties confer in good faith to narrow the issues before filing any discovery motion under Local Rule 37.1(A), what, if any, additional requirements do you make of counsel before considering discovery motions?
A15: N/A

Q16: Typically, do you resolve discovery motions or do you refer them to the magistrate judge?

A16: I typically refer them to the magistrate judge.

Q17: Do you typically hold a hearing on discovery?

A17: No.

Q18: Please describe your general practice regarding the resolution of discovery motions.
A18: See above

Q19: Under what circumstances will you consider emergency motions regarding discovery matters?
A19: Rarely.

Q20: Do you have any particular practices or requirements about expert disclosures?
A20: No.

Q21: What, if any, expert discovery deadlines do you set at the initial scheduling conference? When do you typically set a schedule for the filing of Daubert motions?
A21: Schedule for filing of Daubert motions and other necessary expert discovery deadlines are set at the initial scheduling conference. Daubert motions should not be filed as motions in limine just before trial.

Q22: If the case involves a pro se litigant, do you typically have any different practices in regard to scheduling conferences, status conferences or discovery matters?

A22: I sometimes hold scheduling conferences for incarcerated pro se prisoners.

Civil - Dispositive Motions

Q23: Other than the presumptive pages limits for memoranda under Rule 7.1(b), do you have any other requirements or preferences about the filing of dispositive motions?
A23: No.

Q24: In connection with dispositive motions, do you require the filing of any courtesy copies of exhibits, depositions and/or other materials in addition to the electronic versions that are filed on ECF?
A24: Yes, See standing order.

Q25: Do you typically allow reply briefs and/or surreply briefs?

A25: Yes. I like reply and surreply briefs, but will strike "supplemental" replies.

Q26: If you allow reply and/or surreply briefs, do you impose a page limit?

A26: Yes, see local rules, (a 20-page limit).

Q27: Do you typically hold a hearing on motions to dismiss?

A27: Yes

Q28: Do you typically hold a hearing on summary judgment motions?

A28: Yes

Q29: If you typically hold hearings on dispositive motions, what, if any, time limits do you impose on counsel for their arguments?

A29: Time limits imposed as needed.

Q30: Under what, if any, circumstances, would you allow the filing of post-argument briefs?
A30: I allow parties to bring new caselaw to my attention.

Civil - Patent Cases

Q31: Do you have any standing order and/or any particular practice regarding the management of patent cases? If so, please describe them.

A31: No. I follow Local Rule 16.6.

Q32: If applicable, please upload your standing order regarding the management of patent cases.
A32: N/A

Q33: Do you have particular practice about Markman hearings? If so, please describe them including but not limited to whether you allow tutorial(s).
A33: I encourage video tutorials which will be filed and made part of the record. File a courtesy copy of the video tutorial three business days in advance of the hearing.

Criminal Matters

Q34: Do you handle matters regarding discovery in criminal cases?

A34: No.

Q35: Do you have any particular practices as to scheduling in criminal cases? If so, please describe them.
A35: At the close of discovery, the Court holds an initial pretrial conference. During this conference the parties should be prepared to complete the pretrial order and set a trial date.

Q36: If a defendant files a motion for release and/or modification of conditions of release after the case has been referred back to the district judge, is it your typical practice to resolve the motion or refer it back to the magistrate judge?

A36: I resolve the motion.

Q37: Do you typically hold a hearing on motions for review of a detention order?

A37: Yes.

Q38: Do you have any particular practices regarding the filing of suppression motions or hearings on suppression motions?
A38: I always hold a hearing.

General Trial Practice - Pretrial Matters

Q39: Do you require the filing of a trial brief?

A39: Yes, in both civil and criminal cases. Sometimes I waive the requirement if there has already been extensive briefing on summary judgment papers. In criminal cases the deadlines vary. In civil cases a joint pretrial memo is due seven days in advance of the final pretrial conference. Individual trial briefs are also due seven days in advance of the final pretrial conference.

Q40: If you do not require the filing of a trial brief, under what circumstances do you think it would be helpful to the Court?

A40: N/A

Q41: Do you typically hold an initial pretrial conference in criminal cases? If so, what issues do you want counsel to be able to address at each conference in addition to those addressed under Local Rule 117.1(a)?
A41: I prefer motions in limine on key evidentiary issues. At the initial pretrial conference, counsel shall address the kinds of issues the Court will need to resolve prior to trial (i.e. Daubert). In addition, I want a realistic understanding of the number of witnesses and the length of the trial.

Q42: Do you typically hold an initial pretrial conference in civil cases?

A42: Sometimes.

Q43: When do you set a deadline for the filing of proposed voir dire, proposed jury instructions and/or special verdict form, witness and exhibits lists, motions in limine? Typically, how far in advance of trial are these deadlines?

A43: In civil cases deadlines are set at the pretrial conference. In a criminal case all deadlines are set in the pretrial order.

Q44: Do you require that proposed voir dire, verdict forms and/or jury instructions be filed in any particular form (i.e., courtesy electronic copy to your deputy clerk in Word or WordPerfect format, etc.)?
A44: No.

Q45: Do you set a page limit for motions in limine? If so, what is it?

A45: Yes, See local rules.

Q46: Do you typically hear motions in limine at the final pretrial conference?

A46: Yes.

Q47: Do you typically resolve motions in limine at the final pretrial conference?
A47: Sometimes

Q48: Do you typically hear and/or resolve Daubert motions at the final pretrial conference?
A48: The parties should file a motion for a Daubert hearing well in advance of the pretrial conference so the Court can schedule a separate hearing if necessary.

Q49: Do you require the parties to provide a courtesy copy of trial exhibits to the Court before trial?
A49: Yes.

Q50: If courtesy copies of trial exhibits are required, when do you require them?
A50: At trial.

Q51: If courtesy copies of trial exhibits are required, what particular form is required?
A51: They should be in a binder for easy access.

Q52: Do you require trial exhibits to be pre-marked? If so, please describe your practice?
A52: Yes, exhibits should be numbered if the exhibit is agreed upon by both parties. Exhbits that are contested should be lettered.
Exhibit List Template - Contested Exhibits
Exhibit List Template - Uncontested Exhibits

Criminal - Scheduling Trials

Q53: Typically, when do you set a trial date in criminal cases?
A53: It varies, trial dates are set at the initial pretrial conference.

Q54: Typically, when do you set a trial date in civil cases?
A54: Trial dates in civil cases are set either at the 16(b) hearing or after dispositive motions are resolved. Sometimes I set an initial pretrial.

Q55: What is your typical trial schedule?

A55: 9AM-1PM or 9AM-4PM depending on the length of the trial and the Court's schedule.

Q56: In civil cases, do you set time limits for counsel for opening statements, the presentation of evidence and/or closing arguments? If so, please describe your practice?

A56: Yes, but the time limits vary depending on the case.

Criminal - Jury Selection

Q57: Please describe your jury selection process.

A57: I ask the standard voir dire questions as well as specific questions suggested by attorneys to the entire venire. Any potential juror who responds positively by raising a hand comes to side bar. I ask the initial question and counsel are welcome to ask follow-up questions. The clerk places jurors in the box in the order listed in the jury list. The government exercises the first set of preemptories and then the defendant. The clerk then fills the empty seats until all preemptories are used or counsel declares they are satisfied. There is no back challenging. Alternates are empaneled separately.

Q58: Under what circumstances, if any, have you or would you consider using a juror questionnaire?
A58: Juror questionnaires have been helpful in sensitive cases, i.e., involving child pornography, extensive publicity, or possible bias.

Q59: If you would consider the use of a jury questionnaire, when and in what form should it be proposed?
A59: It should be submitted at the final pretrial and should be short.

Q60: Have you or would you consider allowing attorney voir dire?
A60: Yes, Attorney voir dire is allowed at sidebar as a follow-up to the Court's inquiry when a juror has raised his/her hand in response to a question concerning possible bias or prejudice.

Q61: In civil trials, typically what number of jurors do you seat?
A61: 10.

Q62: In criminal trials, typically how many alternate jurors do you seat?
A62: Between 2 - 4.

General Trial Practice - Trial Practices

Q63: Do you require counsel to use the podium during openings, examination of witnesses and/or closings?
A63: No.

Q64: How many rounds of examination do you typically allow?
A64: Direct & Cross, Redirect, Recross.

Q65: Under what, if any, circumstances, will you allow a rebuttal case?
A65: Generally allowed.

Q66: Do you have any preferences about the use of chalks during openings and closings?
A66: Encouraged where useful.

Q67: Do you have any particular practice in regard to jury charge conferences? If so, please describe it.
A67: In civil cases, I do the jury charge conferences off the record.

Q68: Do you provide a written copy of your jury charge to the jury?
A68: Yes.

Q69: Will you consider counsel's proposals of a special verdict form? If so, should it be in any particular format?
A69: Yes.

Q70: If you have any preferences or practices about pretrial or trial matters that has not been solicited by the prior questions, please describe them here.
A70: Counsel shall confer about deposition transcripts prior to the trial and resolve objections. Any unresolved objections shall be presented to the Court before the trial so that the Court has at least 3 business days to rule on them.

Q71: If you have any particular practices as to bench trials, please describe them.

A71: I like proposed findings of fact and law prior to trial. Typically, I allow them to be supplemented within two weeks post trial. I will not wait until a transcript is prepared. There is also a bench trial order available on the website.

Criminal - Sentencing/Revocation Hearings

Q72: Do you require a sentencing memorandum in every case?
A72: No.

Q73: If you do not require a sentencing memorandum in every case, when would it be helpful to you?
A73: I require a sentencing memorandum when the guidelines are disputed or a variance or departure is sought.

Q74: Under what, if any, circumstances, would you consider an expedited sentencing?
A74: I allow expedited sentencing when the typical 90-day period will result in unnecessary time incarcerated, usually in illegal re-entry cases.

Q75: Do you have any particular practices regarding the presentation of victim impact statements at sentencing?
A75: No.

Q76: Under what, if any circumstances, would you consider the postponement of a sentencing hearing?
A76: I postpone hearings when a counsel needs additional information, like victim impact statements or psychiatric reports, or when there is a substantial dispute that requires an evidentiary hearing and briefing.

Q77: Do you have any particular practices as to revocation matters?
A77: N/A

Standing Orders & Miscellaneous Matters

Q78: If your session has any standing orders, please attach them here.
A78: N/A

Q79: Order #2
A79: N/A

Q80: Order #3
A80: N/A

Q81: If there is any other guidance about your court practices and preferences that you would like to share with counsel that has not been solicited by any of the prior questions, please provide it here.
A81: Counsel shall not assume a motion for a continuance will be granted. If the Court hasn't ruled, counsel shall contact the courtroom deputy. Last minute requests to continue short of a true emergency are disfavored.

Post-Pandemic Practices

Q82: As of Fall 2022, are there any case events that you routinely conduct via Zoom in civil cases? If so, what are they?
A82: Yes. I will typically hold Rule 16 conferences, status conferences and non-complex dispositive motion hearings on Zoom.

Q83: As of Fall 2022, are there any case events that you routinely conduct via Zoom in criminal cases? If so, what are they?
A83: I typically hold trials, pre-trials, revocations, sentencings and evidentiary hearings (i.e., on motions to suppress) in person.

Q84: As of Fall 2022, if there are case events that you routinely conduct in person that you would consider conducting via Zoom, what are those case events and under what circumstances would you consider conducting them via Zoom?

A84: Upon request, the Court will consider Zoom hearings for good cause.