Judge Jennifer C. Boal

Federal Judicial Service

Magistrate Judge, U.S. District Court, District of Massachusetts. Chief Magistrate Judge, 2014-2017.

First appointed to the Court May 3, 2010.

Education

Haverford College, 1985
Cornell Law School, 1989

Courthouse

Boston Courthouse

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

Courtroom

14, 5th floor

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

Contact the courtroom clerk regarding the use of technology in the courtroom. View our courtroom technology page for more information on the technology that is available.

Internet access is available upon request and with the consent of the presiding Judge. Click here for more information.

Staff
Courtroom Clerk Aaron Hutchins 617-748-9238 aaron_hutchins@mad.uscourts.gov
Docket Clerk Jacqueline Martin 617-748-9809 jacqueline_martin@mad.uscourts.gov
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: I have a scheduling order for cases that have been referred to me by a district judge for an initial scheduling conference and also one for cases in which the parties have consented to me for all purposes.

Q2: If you have a specific scheduling order, please attach your order.

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: I generally ask if the parties are interested in a referral to mediation at that time. If not, we will discuss the topic at the next scheduling conference.

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

A5: I don't ask about the likelihood of trial at the initial scheduling conference.

Q6: What schedule do you set at the initial scheduling conference?
A6: I typically set a schedule for at least the conclusion of fact discovery.

Q7: After the initial scheduling conference, do you hold status conferences?
A7: Yes.

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

A8: After the initial scheduling conference, I typically hold a status conference before the end of fact discovery.

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

A9: I discuss all the topics listed above.

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: I would like counsel to alert me to anything unusual about the discovery in their case.

Q11: What, if any, issues related to electronically stored information should counsel be prepared to address at the initial scheduling conference?
A11: I address this issue on a case by case basis.

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: I encourage the parties to file a proposed protective order as soon as practicable. The parties should comply with my Standing Order Re: Motions for Stipulated Protective Orders dated September 20, 2021.

Q13: Under what circumstances would you consider a bifurcation of discovery ?
A13: I address this issue on a case by case basis.

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: I generally inquire about the scope of discovery in the case.

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: I do not have any other requirements that are applicable to every discovery motion.

Q16: Do you typically hold hearing on discovery motions?

A16: Yes.

Q17: Please describe your general practice regarding the resolution of disovery motions.

A17: It is helpful for the parties to give as many specifics as possible in terms of relevance, burden, etc.

Q18: Under what circumstances will you consider emergency motions regarding discovery matters/

A18: I will hear them when necessary but strongly encourage the parties to work the issues out or at a minimum to agree to a stay so that the issue may be handled in an orderly fashion.

Q19: Do you have any particular practices or requirements about expert disclosures?
A19: No.

Q20: 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?
A20: Depending on the case, I may set the deadlines for expert discovery at the initial scheduling conference or I may set the deadlines after the conclusion of fact discovery.

Q21: 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?
A21: I do not typically have any different practices in cases involving pro se litigants.

Civil - Dispositive Motions

Q22: 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?
A22: The parties should comply with my Standing Order re: Briefing of Summary Judgment Motions dated December 15, 2021.

Q23: 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?
A23: Yes, I require courtesy copies for documents that are over 100 pages long. The parties should comply with my Standing Order Re: Courtesy Copies dated October 7, 2022.

Q24: Do you typically allow reply briefs and/or surreply briefs?
A24: Yes.

Q25: If you allow reply and/or surreply briefs, do you impose a page limit?
A25: Yes, 12 pages double-spaced.

Q26: Do you typically hold a hearing on motions to dismiss?
A26: Yes.

Q27: Do you typically hold a hearing on summary judgment motions?
A27: Yes.

Q28: If you typically hold hearings on dispositive motions, what, if any, time limits do you impose on counsel for their arguments?

A28: I do not impose time limits.

Q29: Under what, if any, circumstances, would you allow the filing of post-argument briefs?
A29: I allow the filing of post-argument briefs where, for example, I have a question for the parties that they have not yet addressed or where a change in the law or facts has occurred since the filing of the original briefs.

Civil - Patent Cases

Q30: Do you have any standing order and/or any particular practice regarding the management of patent cases? If so, please describe them.

A30: No.

Q31: If applicable, please upload your standing order regarding the management of patent cases.
A31: Respondent skipped this question

Q32: Do you have particular practice about Markman hearings? If so, please describe them including but not limited to whether you allow tutorial(s).
A32: No.

Civil Mediation

Q33: If you have any particular practices or preferences in regard to submissions before a mediation, please describe them.
A33: See order below.

Q34: Do you have a standard pre-mediation order for the parties? If so, please attach it here.

A34: The The Alternative Dispute Resolution Hearing is set for _______ at _____ in [Courtroom 14] or [by remote proceedings] before Magistrate Judge Jennifer C. Boal.

In the event this date poses a serious conflict, or any party believes that the case is not ripe for mediation, please do NOT contact the Courtroom Deputy directly regarding mediation scheduling; instead, the parties are to confer and file on CM/ECF a motion to cancel the mediation or to continue the mediation, as appropriate. In the case of motions to continue the mediation, the parties should include therein several proposed dates for which all counsel and principals are available.

Counsel and principals are directed to be present and have full settlement authority. Each party must submit a brief (no more than 5 pages) mediation memorandum that includes a discussion of (1) the merits of the case (both strengths and weaknesses); (2) damages or other relief sought by the parties; (3) the status of discovery; and (4) the status of the parties' settlement discussions. The memoranda should be BY E-MAIL to (steve_york@mad.uscourts.gov) no later than fourteen (14) days prior to the mediation and marked "Confidential - Not for Docketing."

Prior to the Mediation hearing, there will be a Preliminary Conference set for _____ at _____ by remote proceedings before Magistrate Judge Jennifer C. Boal.

The Preliminary Conference will be conducted by video, the clerk will provide the relative information for this conference to all parties at the email registered in CM/ECF, prior to the upcoming hearing.

If you have technical or compatibility issues with video technology, please notify the session's courtroom deputy as soon as possible.

It shall be understood (a) that all parties and counsel will participate in this court-sponsored mediation in good faith and with the interest of settling the matter on mutually acceptable terms, (b) that the entire mediation process, including all communications during any in-person, video or audio part thereof, is confidential, (c) that all statements made during the course of mediation are privileged settlement discussions, made without prejudice to any party's legal position, and inadmissible for any purpose in any legal proceeding, (d) that no party, participant, or representative shall seek in any proceeding to hereafter compel the mediator to testify and/or produce any document with respect to the mediation, and (e) that all parties, counsel and other participants agree that, by participating in this court-sponsored mediation, they are bound by these conditions and shall keep confidential all communications exchanged during the mediation process.

Q35: If you have any particular practices or preferences in regard to conducting a mediation, please describe them here.

A35: I typically hold a telephone conference before the mediation to go over procedures for the mediation and to be sure each party will have a representative in attendance at the mediation with full settlement authority.

Q36: Do you require the party/parties to be present or available during a mediation?
A36: Yes, a party representative, with full settlement authority must be present

Criminal Matters

Q37: Other than the requirements under Local Rule 116.5, what, if any, practices do you have in regard to status conferences in criminal cases?
A37: none

Q38: Typically, at what point, will you refer a criminal case back to the district judge?
A38: I will refer the case back to the district judge when discovery is substantially complete.

Q39: Do you have any particular practices as to scheduling in criminal cases? If so, please describe them.
A39: I will schedule a conference in conjunction with the parties' counsel.

General Trial Practice - Pretrial Matters

Q40: Do you require the filing of a trial brief?

A40: Yes. I typically issue an order setting the case for trial, which sets forth the requirements for such a brief.

Q41: If you do not require the filing of a trial brief, under what circumstances do you think it would be helpful to the Court?

A41: Respondent skipped this question

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

A42: Yes, I address motions in limine, the neutral statement to be read to the venire, questions for the voir dire examination, the requirements of the session during trial, and any other issue particular to that case that will promote an efficient thoughtful presentation of the case to the jury or the court.

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: I typically set a trial date and other trial specific deadlines three months in advance of the trial date.

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.)? Describe your practice.,

A44: No.

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

A45: No.

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

A46: Some are heard at the final pretrial conference; others are resolved at the initial pretrial conference.

Q47: Do you typically resolve motions in limine at the final pretrial conference?
A47: See answer above.

Q48: Do you typically hear and/or resolve Daubert motions at the final pretrial conference?
A48: Depends on the case.

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: Several weeks before trial.

Q51: If courtesy copies of trial exhibits are required, what particular form is required?
A51: I require the courtesy copies to be placed in a binder.

Q52: Do you require trial exhibits to be pre-marked? If so, please describe your practice?
A52: Yes, I require uncontested exhibits to be marked by a single sequence of numbers regardless of which party is the proponent.

General Trial Practice - Scheduling Trials

Q53: Typically, when do you set a trial date in civil cases?
A53: I typically set a trial date three months before the date.

Q54: What is your typical trial schedule?

A54: I sit all day the first day of trial and then from 9:00 to 1:00 until the case goes to the jury.

Q55: 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?

A55: Depends on the case.

General Trial Practice - Jury Selection

Q56: Please describe your jury selection process.

A56: I ask the voir dire questions and then ask jurors to come to side bar with counsel. I will then inquire further with each juror to determine whether that person should be excused for cause. Once we get to a sufficient number of jurors for the case, jurors are seated in the jury box and counsel may exercise their peremptories.

Q57: Under what circumstances, if any, have you or would you consider using a juror questionnaire?
A57: I have not had occasion to use a jury questionnaire.

Q58: If you would consider the use of a jury questionnaire, when and in what form should it be proposed?
A58: N/A

Q59: Have you or would you consider allowing attorney voir dire?
A59: No.

Q60: In civil trials, typically what number of jurors do you seat?
A60: 8

General Trial Practice - Trial Practices

Q61: Do you require counsel to use the podium during openings, examination of witnesses and/or closings?
A61: No.

Q62: How many rounds of examination do you typically allow?
A62: Recross

Q63: Under what, if any, circumstances, will you allow a rebuttal case?
A63: Depends on the case.

Q64: Do you have any preferences about the use of chalks during openings and closings?
A64: I have no objection to the use of chalks during openings and closings provided counsel has provided a copy to opposing counsel in advance and opposing counsel has no meritorious objections.

Q65: Do you have any particular practice in regard to jury charge conferences? If so, please describe it.
A65: I will docket a draft jury charge and then discuss the draft with counsel.

Q66: Do you provide a written copy of your jury charge to the jury?
A66: Yes.

Q67: Will you consider counsel's proposals of a special verdict form? If so, should it be in any particular format?
A67: Yes I will consider counsel's proposals. The proposals do not have to be in any particular format.

Q68: 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.
A68: I typically allow jurors to have notebooks.

Q69: If you have any particular practices as to bench trials, please describe them.

A69: Depending on the case, I am more likely than in jury trials to conduct full day sessions.

Standing Orders & Miscellaneous Matters

Q70: If your session has any standing orders, please attach them here.

Q71: Order #2

A71: Respondent skipped this question.

Q72: Order #3
A72: Respondent skipped this question.

Q73: 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.
A73: Respondent skipped this question.

Post-Pandemic Practices

Q74: As of Fall 2022, are there any case events that you routinely conduct via Zoom in civil cases? If so, what are they?
A74: Yes, status conferences.

Q75: As of Fall 2022, are there any case events that you routinely conduct via Zoom in criminal cases? If so, what are they?
A75: Yes, status conferences.

Q76: 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?

A76: I consider requests to conduct hearings via Zoom on a case by case basis.