Judge George A. O'Toole Jr.
Born 1947 in Worcester, MA
Federal Judicial Service
Judge, U.S. District Court, District of Massachusetts.
Nominated by William J. Clinton on April 4, 1995, to a new seat created by 104 Stat. 5089; Confirmed by the Senate on May 25, 1995, and received commission on May 26, 1995.
Assumed senior status on January 1, 2018.
Boston College, A.B., 1969
Harvard Law School, J.D., 1972
John Joseph Moakley U.S. Courthouse
1 Courthouse Way, Suite 2300
Boston, Massachusetts 02210
22, 7th floor
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Chambers Procedures/Standing Orders/Sample Orders
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?
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)?
Q4: What, if any, inquiries do you make about settlement prospects and/or interest in mediation at the initial scheduling conference?
Q5: What, if any inquiries do you make about the liklihood of trial at the initial scheduling conference?
Q6: What schedule do you set at the initial scheduling conference?
Q7: After the initial scheduling conference, do you hold status conferences?
Q8: If so, when do you hold status conferences?
Q9: If so, what issues do you address at status conferences?
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?
Q11: What, if any, issues related to electronically stored information should counsel be prepared to address at the initial scheduling conference?
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?
Q13: Under what circumstances would you consider a bifurcation of discovery ?
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?
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?
Q16: Typically, do you resolve discovery motions or do you refer them to the magistrate judge?
Q17: Do you typically hold a hearing on discovery?
Q18: Please describe your general practice regarding the resolution of discovery motions.
Q19: Under what circumstances will you consider emergency motions regarding discovery matters?
Q20: Do you have any particular practices or requirements about expert disclosures?
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?
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?
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?
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?
Q26: If you allow reply and/or surreply briefs, do you impose a page limit?
Q27: Do you typically hold a hearing on motions to dismiss?
Q28: Do you typically hold a hearing on summary judgment motions?
Q29: If you typically hold hearings on dispositive motions, what, if any, time limits do you impose on counsel for their arguments?
Q30: Under what, if any, circumstances, would you allow the filing of post-argument briefs?
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.
Q32: If applicable, please upload your standing order regarding the management of patent cases.
Q33: Do you have particular practice about Markman hearings? If so, please describe them including but not limited to whether you allow tutorial(s).
Q34: Do you handle matters regarding discovery in criminal cases?
Q35: Do you have any particular practices as to scheduling in criminal cases? If so, please describe them.
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?
Q38: Do you have any particular practices regarding the filing of suppression motions or hearings on suppression motions?
General Trial Practice - Pretrial Matters
Q39: Do you require the filing of a trial brief?
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?
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)?
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?
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.)?
Q46: Do you typically hear motions in limine at the final pretrial conference?
Q47: Do you typically resolve motions in limine at the final pretrial conference?
Q48: Do you typically hear and/or resolve Daubert motions at the final pretrial conference?
Q49: Do you require the parties to provide a courtesy copy of trial exhibits to the Court before trial?
Q50: If courtesy copies of trial exhibits are required, when do you require them?
Q51: If courtesy copies of trial exhibits are required, what particular form is required?
Q52: Do you require trial exhibits to be pre-marked? If so, please describe your practice?
Criminal - Scheduling Trials
Q53: Typically, when do you set a trial date in criminal cases?
Q54: Typically, when do you set a trial date in civil cases?
Q55: What is your typical trial 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?
Criminal - Jury Selection
Q57: Please describe your jury selection process.
Q58: Under what circumstances, if any, have you or would you consider using a juror questionnaire?
Q59: If you would consider the use of a jury questionnaire, when and in what form should it be proposed?
General Trial Practice - Trial Practices
Q63: Do you require counsel to use the podium during openings, examination of witnesses and/or closings?
Q64: How many rounds of examination do you typically allow?
Q65: Under what, if any, circumstances, will you allow a rebuttal case?
Q66: Do you have any preferences about the use of chalks during openings and closings?
Q67: Do you have any particular practice in regard to jury charge conferences? If so, please describe it.
Q69: Will you consider counsel's proposals of a special verdict form? If so, should it be in any particular format?
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.
Q71: If you have any particular practices as to bench trials, please describe them.
Criminal - Sentencing/Revocation Hearings
Q72: Do you require a sentencing memorandum in every case?
Q73: If you do not require a sentencing memorandum in every case, when would it be helpful to you?
Q74: Under what, if any, circumstances, would you consider an expedited sentencing?
Q75: Do you have any particular practices regarding the presentation of victim impact statements at sentencing?
Q76: Under what, if any circumstances, would you consider the postponement of a sentencing hearing?
Standing Orders & Miscellaneous Matters
Q79: Order #2
Q80: Order #3