Judge Richard G. Stearns

Federal Judicial Service

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

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

Education

Stanford University, B.A., 1968
Oxford University, Balliol College, M.Litt (Political Philosophy), 1971
Harvard Law School, J.D., 1976

Courthouse

Boston Courthouse

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

Courtroom

21, 7th floor

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

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Staff
Career Law Clerk Marsha Zierk 617-748-4144 marsha_zierk@mad.uscourts.gov
Courtroom Clerk Timothy Maynard 617-748-9162 timothy_maynard@mad.uscourts.gov
Docket Clerk Caetlin McManus 617-748-9041 caetlin_mcmanus@mad.uscourts.gov
Court Reporter James Gibbons   jmsgibbons@yahoo.com
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: The court does not as a rule convene in-person scheduling conferences. The practice is for the court to issue a scheduling order subject to the parties’ suggestions for m__________?

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

A2: Respondent skipped this question.

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 court identifies in the pretrial schedule, a date near the end of the fact discovery to notify the court whether both parties are interested in referral to the court's mediation program.

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

A5: N/A See A1.

Q6: What schedule do you set at the initial scheduling conference?
A6: N/A See A1.

Q7: After the initial scheduling conference, do you hold status conferences?
A7: The court rarely convenes in-person status conferences. Written status reports may from time-to-time be requested.

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

A8: See A7.

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

A9: See A7.

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: Willingness to participate in the court's mediation program at the close of fact discovery; willingness to proceed before the magistrate judge; intention to utilize expert witnesses.

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

A11: Form and extend of discovery. See A7.

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: In a form suited to the litigation - execute one sooner rather than later to facilitate timely discovery. See Judge Stearns' session Standing Order regarding Default Protective Order.

Q13: Under what circumstances would you consider a bifurcation of discovery ?
A13: In sizeable class discovery or MDL.

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: See A1. None; considered in analyzing a motion to compel.

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: As members of the bar, and officers of the court, to have made good faith best efforts to produce all appropriate discovery.

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

A16: I typically resolve them.

Q17: Do you typically hold a hearing on discovery?

A17: No.

Q18: Please describe your general practice regarding the resolution of discovery motions.
A18: Timely ruling on the papers.

Q19: Under what circumstances will you consider emergency motions regarding discovery matters?
A19: A party can make a request, as part of their filing, for a shortened response period.

Q20: Do you have any particular practices or requirements about expert disclosures?
A20: Experts are limited, at trial, to testify within scope of their reports. Treating physicians not considered experts in that they can produce their relevant records early in fact discovery in lieu of a Rule 26 report.

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: If a case appears to require expert discovery or if the parties agree, the court will typically permit a period for exchange of reports and expert depositions following the completion of fact discovery. If the use of experts is uncertain, the court may set alternative dates for dispositive motions. I do not set deadlines for 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?

A22: No.

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: Absent pre-approval from the court in exceptional circumstances, the parties will be permitted to submit one summary judgement motion of no more than 30 pages. Reply briefs are permitted only with leave of court.

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, if the papers exceed 25 pages, I expect courtesy copies delivered to the Clerk's office identifying Stearns Chambers

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

A25: Only with leave of court.

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

A26: Yes, ten pages or less.

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

A27: No, unless a review of the filings indicate a hearing will be helpful.

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

A28: Only if, based on a review of the papers, a hearing will be helpful. If a hearing is scheduled, the court will entertain counsel’s request for it to be heard via Zoom/video conference.

Q29: If you typically hold hearings on dispositive motions, what, if any, time limits do you impose on counsel for their arguments?
A29: Depends on the subject matter. See also, A28.

Q30: Under what, if any, circumstances, would you allow the filing of post-argument briefs?
A30: If the state of the law is in flux or if the case depends on additional circumstances not reasonably ascertainable at the time of the hearing: the court typically seeks briefs and arguments after conclusion of a bench trial.

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: The court typically follows the local rule 16.6 schedule of events - will enter a scheduling order through Markman, and thereafter a second order through summary judgment. Parties will be permitted a period to exchange contentions and engage in fact discovery prior to, and a short period after, claim construction. Absent pre-approval from the court in exceptional circumstances, the parties will be permitted to submit one summary judgement of no more than thirty pages.

Q32: If applicable, please upload your standing order regarding the management of patent cases.
A32: See Local Rule 16.6.

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: In their briefs, parties are requested to rank the disputed terms by importance and proceed from the most to least important at the hearing, typically parties will be permitted to each give a technical tutorial (if necessary) and proceed alternating term by term.

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: No.

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 refer it to the magistrate judge.

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: No.

General Trial Practice - Pretrial Matters

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

A39: Yes, in both civil and criminal cases

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 See Q39.

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: No.

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

A42: No.

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: Two weeks before trial (witness list production is not compulsory for the defendant.)

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: I prefer jury instructions to be submitted in a Word accessible format.

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: Only if a hearing is deemed helpful.

Q47: Do you typically resolve motions in limine at the final pretrial conference?
A47: Typically in advance, except in a bench trial.

Q48: Do you typically hear and/or resolve Daubert motions at the final pretrial conference?
A48: Typically well prior to trial

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: One week prior to trial.

Q51: If courtesy copies of trial exhibits are required, what particular form is required?
A51: In the form they will be offered at trial.

Q52: Do you require trial exhibits to be pre-marked? If so, please describe your practice?
A52: Yes, agreed to exhibits in numerical order. Objected to exhibits to be identified by sequential letter.

Criminal - Scheduling Trials

Q53: Typically, when do you set a trial date in criminal cases?
A53: Upon the completion of discovery

Q54: Typically, when do you set a trial date in civil cases?
A54: On a final determination that a material dispute of fact exists.

Q55: What is your typical trial schedule?

A55: There is no typical schedule -- it depends on the circumstances and complexities of the case.

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: Opening statements are typically limited to 25 minutes, closing statements to 45 minutes. All civil trials of more than a week's duration are subject to strict time limits.

Criminal - Jury Selection

Q57: Please describe your jury selection process.

A57: In conformity with the applicable federal rules and statutes.

Q58: Under what circumstances, if any, have you or would you consider using a juror questionnaire?
A58: In a case of unusual duration or notoriety.

Q59: If you would consider the use of a jury questionnaire, when and in what form should it be proposed?
A59: It depends on the circumstances of the case.

Q60: Have you or would you consider allowing attorney voir dire?
A60: No.

Q61: In civil trials, typically what number of jurors do you seat?
A61: 8.

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

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: Two. Direct, Cross, Redirect, and Recross.

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

A65: If circumstances make it fair and just

Q66: Do you have any preferences about the use of chalks during openings and closings?
A66: Encouraged if consistent with Rule 1006 and/or 611.

Q67: Do you have any particular practice in regard to jury charge conferences? If so, please describe it.
A67: Attorneys receive a written copy of the proposed instructions prior to the conference.

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. No.

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: The court does not hold side bar conferences during trial.

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

A71: I entertain motions regarding evidence in the course of the trial, rather than in limine prior to trial. I will ask counsel to file proposed findings of fact and conclusions of law, but only after the trial and production of the trial transcript.

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: When there are extenuating or aggravating factors at issue.

Q74: Under what, if any, circumstances, would you consider an expedited sentencing?
A74: Minor offenses; immigration matters, and custody approaching the maximum likely sentence.

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: When justice so requires.

Q77: Do you have any particular practices as to revocation matters?
A77: No.

Standing Orders & Miscellaneous Matters

Q78: If your session has any standing orders, please attach them here.

Q79: Order #2

Q80: Order #3
A80: Respondent skipped this question.

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: Respondent skipped this question.