Judge Brian E. Murphy

Federal Judicial Service

Judge, U.S. District Court, District of Massachusetts.

Nominated by Joseph R. Biden on March 21, 2024, to a seat vacated by Patti B. Saris. Confirmed by the Senate on December 2, 2024.

Education

College of the Holy Cross, B.A., 2002
Columbia Law School, J.D., 2006


Courthouse

Boston Courthouse

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

Courtroom

12, 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.

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Staff
Chambers Procedures/Standing Orders/Sample Orders
USDC Judicial Forum Survey

Civil - Case Management

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

A4: The Court will inquire about the parties' interest and make known the availability of mediation.

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

A8: Yes, at the close of discovery and when requested by the parties.

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

A9: Any outstanding discovery issues, settlement prospects, the need for expert discovery, dispositive motion schedule, and likelihood of trial.

Civil - Discovery

Q11: What, if any, issues related to electronically stored information should counsel be prepared to address at the initial scheduling conference?

A11: If the parties have established any particular proposal as to ESI, they should include it in their joint statement.

Q13: Under what circumstances would you consider a bifurcation of discovery?

A13: The Court will consider requests on a case-by-case basis but will generally not allow bifurcation.

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

A18: Typically, the Court will have reviewed the filings in advance and will rule from the bench after hearing from the parties.

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

A19: The Court considers emergency motions as appropriate, provided the parties have meaningfully conferred and attempted to address the issues themselves.

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: The Court will set initial disclosure and depositions dates. Daubert motion hearings will be scheduled upon filing of the motion.

Civil - Dispositive Motions

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: The Court appreciates courtesy copies, particularly for filings with large records, but has no requirements apart from the local rules.

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

A25: The Court will typically allow motions for leave to file. However, additional briefs are not permitted without leave, except where provided for in the local rules.

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

A27: The Court evaluates the need for a hearing on motions to dismiss on a case-by-case basis. While the parties may request a hearing, the Court may decide the motion on the papers alone.

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

A28: Generally, yes. However, the court may decide on the papers where appropriate.

Q30: Under what, if any, circumstances, would you allow the filing of post-argument briefs?

A30: Post-argument briefs may be requested by the Court or proposed by either party, which proposal the Court will allow if helpful to the decision.

Civil - Patent Cases

Criminal Matters

General Trial Practice - Pretrial Matters

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

A47: The Court aims to resolve all motions in limine in advance of empanelment.

Q48: Do you typically hear and/or resolve Daubert motions at the final pretrial conference?

A48: The Court aims to resolve all Daubert motions in advance of empanelment.

Q52: Do you require trial exhibits to be pre-marked? If so, please describe your practice?

A52: Yes, every exhibit should have a unique number (for example, Exhibit 13). No letters should be used. There should be only "exhibits," not plaintiff's exhibits and defendant's exhibits. Exhibits can be grouped and marked separately using decimals (for example, Exhibit 13 might be a group of photographs, marked separately as 13.1, 13.2, etc.). Exhibit numbers will not change, even if the document is excluded or not offered. Exhibits need not be offered in numerical sequence, and parties need not worry about "gaps" in the sequence.

Criminal - Scheduling Trials

Q53: Typically, when do you set a trial date in criminal cases?

A53: At the initial status hearing, once the case is received from the magistrate.

Q54: Typically, when do you set a trial date in civil cases?

A54: After dispositive motions, if any, are decided.

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: The Court may set time limits as needed to ensure that trial progresses as expected and that counsel is respectful of the jury's time.

Criminal - Jury Selection

Q57: Please describe your jury selection process.

A57: Voir dire will be discussed at the final pretrial conference.

Q58: Under what circumstances, if any, have you or would you consider using a juror questionnaire?

A58: The Court would consider using a questionnaire if requested by the parties, particularly if the case raises sensitive or complicated issues.

Q59: If you would consider the use of a jury questionnaire, when and in what form should it be proposed?

A59: The parties should prepare a joint questionnaire with any points of disagreement noted and file the questionnaire in advance of the final pretrial conference.

Q60: Have you or would you consider allowing attorney voir dire?

A60: Counsel will generally be allowed to ask follow-up questions during individual voir dire.

General Trial Practice - Trial Practices

Q64: How many rounds of examination do you typically allow?

A64: Two, meaning direct, cross, redirect, and recross.

Q65: Under what, if any, circumstances, will you allow a rebuttal case?

A65: This would depend on the facts of the case; any rebuttal, if permitted, would be strictly limited in scope to evidence responding directly to the defense case.

Q66: Do you have any preferences about the use of chalks during openings and closings?

A66: No, provided that counsel has informed opposing counsel.

Q67: Do you have any particular practice in regard to jury charge conferences? If so, please describe it.

A67: The Court will provide a draft charge in advance of trial and ask counsel to make redline changes. Any disagreements will be resolved at a charge conference shortly before closings.

Criminal - Sentencing/Revocation Hearings

Standing Orders & Miscellaneous Matters

Q79: Order #2

A79: Respondent skipped this question.

Q80: Order #3

A80: Respondent skipped this question.

Post-Pandemic Practices