United States District Judge for the District of Connecticut
RICHARD C. LEE UNITED STATES COURTHOUSE 141 Church Street New Haven, Connecticut 06510
Driving Directions
Location: Courtroom 3
Chambers courtesy copies for civil case filings by counsel in excess of 30 pages
For any case in which a party is represented by counsel, counsel must promptly mail or deliver to chambers a single courtesy hard copy of any filing, including exhibits, attachments, or supporting memoranda of law, if the filing (taken together with those exhibits, attachments, or memoranda) exceeds 30 pages in length. All courtesy copies must bear the CM/ECF document identification heading on each page.
This requirement for a courtesy copy applies only to filings by counsel for represented parties and does not apply to self-represented litigants. Nor does this rule apply to filings in criminal cases.
Motions for extension of time
Judge Meyer requires that any motions for extension of time be filed strictly in accordance with D. Conn. Local Rule 7(b) which requires that any motion be filed at least 3 days in advance of the due date, that it reflect the opposing party’s position on the motion, and that it establish particularized good cause for the extension request.
Rule 26(f) report and length of discovery period
Judge Meyer expects that the parties' Rule 26(f) report will allow for the close of all discovery between six to nine months from the date of the filing of the Rule 26(f) report. If the parties believe that more than nine months is required to complete discovery, then they should explain why additional time is needed. Absent an explanation from the parties why more than nine months is needed, Judge Meyer may enter an order to complete discovery at the end of nine months even if the parties have requested additional time. The parties should not seek to extend the discovery period with proposed dates for expert discovery unless they believe that expert discovery will be necessary.
Settlement conferences
Judge Meyer regularly refers cases for settlement conferences to a U.S. Magistrate Judge, often at an early stage in the litigation and, in any event, almost always prior to allowing the case to proceed to trial. Counsel should consider and consult from the outset of the case whether great litigation expense might be saved by means of an early settlement conference. If the parties mutually agree that a settlement conference might be productive, they may simply call Judge Meyer’s Courtroom Deputy and request a referral for a settlement conference; no formal motion is necessary.
Discovery disputes
For cases in which both parties are represented by counsel, Judge Meyer ordinarily resolves discovery disputes by means of setting an expedited letter briefing schedule after counsel advise Judge Meyer’s law clerk by telephone of their dispute. Please see Judge Meyer’s Instructions for Discovery Disputes for guidance concerning counsel’s obligations and the procedures for resolution of discovery disputes.
Oral argument on dispositive motions
Judge Meyer believes in the value of oral argument and, unless it is very clear that oral argument would not be warranted, he usually schedules oral argument on dispositive motions regardless whether any party has requested it. In deciding whether to hold oral argument, Judge Meyer gives strong consideration to whether the parties have so requested. If Judge Meyer concludes that oral argument would not be helpful, then he may rule on a dispositive motion without oral argument.
Video arguments/hearings in civil cases
For civil cases, Judge Meyer will often conduct hearings by means of video (Zoom). Counsel and the parties should consult the docket to determine whether the argument shall proceed by video or in-person and may contact Judge Meyer’s courtroom deputy with any questions.
Presence of party/client encouraged for hearings
For cases involving parties who are represented by counsel, Judge Meyer encourages but does not require the party’s presence for court hearings except for jury selection, trials, and evidentiary hearings where the party or party representative is testifying. If the argument is scheduled to proceed in full or in part by means of an audio or video link, then the parties or party representatives are welcome to attend the argument by audio or video upon advance request to Judge Meyer’s courtroom deputy.
Oral argument format
Although Judge Meyer does not ordinarily impose formal time limits on the length of oral argument for dispositive motions, he expects that oral argument will not usually last more than one hour. Judge Meyer will also generally allow the parties a full opportunity to respond to each other’s oral arguments by means of reply and sur-reply etc. and to ensure within reason that all counsel have an appropriate opportunity to make the points that they believe should be made.
Judge Meyer will allow more than one counsel to present argument for a single party if there are multiple distinct issues to address, or if doing so will permit junior counsel an opportunity to participate in oral argument. Judge Meyer strongly encourages senior counsel to allow junior counsel to present oral argument, and Judge Meyer will allow senior counsel to supplement the presentation of junior counsel if senior counsel believes that any additional points or clarification is necessary.
Oral and written rulings
Judge Meyer ordinarily decides dispositive motions by means of a written ruling. Under some circumstances, however, Judge Meyer may issue an oral ruling from the bench following an oral argument on a motion. A copy of any oral ruling may be obtained by the parties from the court reporter.
Supplemental authorities
If counsel wish to call to Judge Meyer’s attention legal authority that was overlooked in prior briefing or that has been decided since the completion of briefing or oral argument, then counsel should file a notice of supplemental authority identifying the authority and concisely stating its relevance. Counsel should avoid raising new authorities for the first time at oral argument when neither the Court nor opposing counsel have had an opportunity to review those authorities. If counsel encounter supplemental authority after the close of the briefing but before oral argument on a motion, then counsel should promptly file a notice of the supplemental authority on the docket along with an explanation of its significance at least one day before oral argument, and the opposing party may respond in writing or at argument. In all cases, if the supplemental authority is readily available on Westlaw, then counsel need only provide the Westlaw citation to the authority; there is no need for counsel to attach a copy of the authority.
Joint trial memorandum
Please refer to Judge Meyer’s Instructions for Joint Trial Memorandum.
Trial with magistrate judge
Judge Meyer strongly encourages the parties to consider whether they wish to have their case referred to a U.S. Magistrate Judge for trial (whether trial by jury or bench trial). The parties should promptly advise chambers if they wish to consent to proceed before a U.S. Magistrate Judge.
Expedited trial
If the parties mutually agree that a case is appropriate for trial without extended discovery and dispositive motions, they may file a joint request for Judge Meyer to set an expedited trial date.
Special proceedings
Judge Meyer will rarely grant ex parte temporary restraining orders and requires strict compliance with Rule 65. If a party seeks ex parte relief, Judge Meyer will usually ask counsel to try to reach opposing counsel by telephone. Motions for preliminary injunctions are scheduled for a telephone conference at an early opportunity to determine whether discovery is required and to encourage the parties to combine the preliminary injunction hearing with a trial on the merits.
Jury Selection
Judge Meyer will explain his method of jury selection at the pre-trial conference. Jury selection ordinarily lasts between a half-day and full day depending on the type and number of cases for which juries are being selected. Because much of jury selection takes place with counsel standing at side bar, counsel are encouraged to wear comfortable shoes. Counsel are also encouraged to come to jury selection with reserve snacks in the event that Judge Meyer chooses not to take a full lunch hour recess.
Hours of Day for Trial
Judge Meyer’s typical trial day lasts from 9:00 a.m. to 4:00 p.m., with a forty-five-minute lunch break and fifteen-minute breaks in the morning and afternoon. Counsel should report at 8:30 a.m. and also be prepared to stay after the trial day is complete as necessary to deal with objections and procedural matters.
Days of Week for Trial
Judge Meyer ordinarily conducts trial four or five days a week.
Opening Statements
For civil cases, Judge Meyer allows short opening statements for each side. For criminal jury cases, Judge Meyer allows opening statements only if both parties agree that they wish to present opening statements.
Closing Arguments
Judge Meyer generally allows closing statements of up to one hour per side subject to agreement by counsel as to the time that is necessary for a full presentation.
Marking and Moving Exhibits into Evidence
Judge Meyer encourages counsel to agree in advance of trial which exhibits will be admissible without necessity to lay a foundation at trial and that may be deemed automatically admitted as full exhibits upon tender of each exhibit to a witness at trial.
Production of Exhibits to the Court
Original copies of exhibits: At trial itself, counsel must bring with them a paper copy of each and every exhibit proposed to be admitted (those exhibits, e.g. audio and video, that do not exist in paper form should be brought to trial on a USB or DVD or similar medium); these hard copies will be the official admitted exhibits. The parties should contact Chambers if certain paper documents are so voluminous as to make bringing the paper original version impracticable.
Electronic copies of exhibits: At least three (3) business days before the first day of trial evidence, counsel must email an electronic copy of all exhibits to the Courtroom Deputy. If the exhibits are too large for email transmission, counsel should deliver the electronic copies on a USB or DVD at least three (3) business days before the first day of trial evidence and email the Courtroom Deputy to explain that the USB or DVD mailing is on the way.
When the jury retires to deliberate, it ordinarily has the original exhibits as well as access to a large flat screen in the jury room that has the capability of displaying an image of each exhibit (as well as playing audio and video). Accordingly, the electronic copies of the exhibits should be identical to the exhibits proposed to be admitted (e.g. inclusive of the exhibit sticker, etc.).
Physical exhibits must be represented in the electronic exhibit set with a PDF of the single page placeholder containing only the exhibit number, a brief description (e.g. “Hat,” “Scales”) and in prominent letters “Physical Exhibit”.
Each document or image exhibit in the electronic exhibit set must be a PDF (not Excel or Word files); audio and video exhibits must be produced in one of the following file formats: .avi, .wmv, .mpg, .mp3, .mp4, .wma, .wav, or .3gpp.
Each exhibit file must not be greater than 500mb; exhibits larger than that should be bifurcated into two or more exhibits. Because bifurcation necessarily changes the numbering of exhibits, it is useful to examine file sizes before preparing the exhibit list for the Joint Trial Memorandum, etc.
The filenames of each exhibit must obey the following naming convention:
Px/Dx###_description
E.g.
Px001_2017 contract.pdf
Px002_surveillancevid1.avi
Dx501_physical ex hat.pdf
Dx502_phoneconvo1.mp4
In criminal cases, substitute “Gx” for “Px” (e.g. Gx002_survid1.avi).
Filenames should not exceed 50 characters. Do not include any special characters—that is, characters other than alphabet letters, numbers, or spaces—in the filename, other than a single underscore between the exhibit number and the description. The underscore must be included even if there is no description (e.g. Dx503_.pdf).
Chambers courtesy copy of exhibits: At least three (3) business days before the first day of trial evidence, counsel for each party must deliver to Chambers a single courtesy hard copy of the party’s documentary exhibits. The exhibits should be placed in a three-ring binder (or set of three ring binders) with a copy of the exhibit list at the front of each binder and with each exhibit separately tabbed; all exhibits should have exhibit stickers on their first page, rather than a cover page.
With advance permission from Chambers, counsel may forgo production of this courtesy copy, provided the electronic exhibits provided are organized to be easily identifiable and accessible and in a PDF format. The Court is likely to grant permission to counsel to forgo the courtesy hard copy when the matter is a bench trial or the exhibits in question are unusually voluminous.
Procedural Motions and Arguments
Judge Meyer’s Instructions for Joint Trial Memorandum require motions in limine to be filed with or before the Joint Trial Memorandum. Because of this, he deals with many of these motions at pretrial conferences or at oral argument before trial. Nonetheless, should additional issues arise at trial, Judge Meyer expects counsel to alert him to potential problem areas in advance whenever possible. He hears argument on such matters before the commencement of the trial day or during breaks.
Evidentiary Objections During Jury Trial
When in the presence of the jury, counsel must state the basis for any objections in as few words as possible (e.g., “Objection, hearsay” or “Objection, foundation”) and without argument or further elaboration unless Judge Meyer requests more detail. If counsel requests, Judge Meyer will explain the basis for his ruling on an objection at the next break and outside the presence of the jury.
Venireperson Profiles
Attorneys may request and receive from Judge Meyer’s Courtroom Deputy the day before jury selection a data sheet with basic information about the backgrounds of venirepersons who are scheduled to appear for jury selection.
Jury Instructions and Charge
Judge Meyer's Instructions for Joint Trial Memorandum require counsel to submit proposed jury instructions at the time the Joint Trial Memorandum is submitted. He prepares a draft of the instructions, provides it to counsel during the trial, and holds a charge conference a day or two before giving the charge.
Judge Meyer prefers to charge the jury before closing arguments. He spends a few minutes after the closings to give the jurors some additional information about logistical matters so that there is a buffer between the arguments and deliberations.
Post-Verdict Communications with Jurors
Judge Meyer does not permit lawyers to communicate with jurors, but he sometimes speaks with jurors after the trial is over.
Technology
Counsel should familiarize themselves with and test-run in advance of trial the courtroom’s technology system for exhibits. It is usually the case that all exhibits except physical objects are shown to the Court and/or the jury during trial through the Court’s technology rather than in paper form. Counsel have an option to show exhibits by means of an “Elmo” (paper or object placed on flat surface at lectern and magnified to show on courtroom screens) or by means of plugging in their laptops into the Court’s screen system. Counsel are encouraged to contact the Courtroom Deputy to set up a pre-trial run through of the technology, or for any other technical assistance.
Counsel intending to use their own laptops for presentation of evidence or other materials should advise the Courtroom Deputy ahead of time. They should also be advised that the courtroom has only HDMI (not mini-HDMI) and VGA video input cables. If a computer cannot accept either of these cables, counsel will need to supply their own cable adaptor.
Trial and Hearing Transcripts
Judge Meyer’s Court Reporter has a large caseload. In the event that the Court Reporter is unable to prepare the transcript in time for counsel to meet a post-trial or post-hearing filing deadline, the Court will grant a motion for extension of time as a matter of course.
Guilty pleas and sentencings in court during COVID-19
Judge Meyer has resumed in-court proceedings during the COVID-19 pandemic subject to significant safeguards. All those appearing in-person must wear a mask over their mouth and nose at all times. Any participant may remove the mask only if necessary to address the Court at length. All participants must remain seated throughout the proceedings and must maintain a distance of at least six feet between one another. The defendant shall be seated at the end of the jury box closest to counsel table, defense counsel at the counsel table closest to the defendant, and the prosecution at the other counsel table. Windows and doors to the courtroom shall be kept open as conditions permit.
The public has a right of access to the courtroom for court proceedings. But in order to minimize the number of persons in the courtroom, Judge Meyer strongly encourages all others who are not parties or counsel to consider whether they prefer to participate and observe the guilty plea or sentencing by means of video using the Zoom video conferencing service. The Court’s video equipment allows for any video observers to see and hear the judge, the defendant, and counsel. Any victims or supporters of the defendant who participate by Zoom video and who wish to make a statement at a guilty plea or sentencing will be permitted to do so by means of Zoom video to the same extent as if they were in the courtroom.
At least one day prior to any guilty plea or sentencing, the Court will post a Zoom video link to the docket, and any member of the public is welcome to observe the guilty plea or sentencing proceeding simply by means of accessing the video link. All participants and observers are encouraged to access the Zoom video link at least 15 minutes prior to the guilty plea or sentencing to ensure that there is adequate time to resolve any technical connection issues. If any person has difficulty accessing the docket or the Zoom video link, they may call Judge Meyer’s courtroom deputy or call Judge Meyer’s chambers to speak with one of Judge Meyer’s law clerks.
Guilty pleas and sentencings by video hearing during COVID-19
In special circumstances the law may allow Judge Meyer to conduct a guilty plea or sentencing with all participants taking part by means of a Zoom video hearing. If any counsel believe that a guilty plea or sentencing is appropriate for solely a video hearing, then they should promptly file a motion stating the grounds for this request.
Guilty pleas
Judge Meyer considers a guilty plea proceeding to be an important part of his consideration for sentencing purposes, in particular whether a defendant has accepted responsibility and has genuine remorse for engaging in the conduct for which he or she intends to enter a plea of guilty. Judge Meyer may ask the defendant at a guilty plea to explain what he or she did that makes him or her guilty, why he or she decided to engage in this conduct, and what steps he or she has taken toward rehabilitation and toward restitution and apology to any victims of his or her crime.
Sentencing
Absent a scheduling order to the contrary, any sentencing memoranda should be filed by the defense at least 14 days before sentencing, by the government at least 7 days before sentencing, and any reply by the defense to the government’s submission at least 3 days before sentencing. Counsel should apprise the Court at the earliest opportunity if there is a need for an evidentiary hearing in connection with sentencing.
Criminal trials
Within 10 days of a defendant’s arraignment, counsel should contact Judge Meyer’s courtroom deputy to request a telephonic scheduling conference and with a view toward settling upon realistic and firm dates for the filing of any pre-trial motions and for trial. After an agreed upon trial date has been set, it is unlikely that Judge Meyer will grant a request for extension.
Victim rights
For crimes involving identifiable victims, at any public court proceeding Judge Meyer will inquire of the prosecutor about compliance with the rights of victims under the Crime Victims’ Rights Act, 18 U.S.C. § 3771. If any victim is present at any release, guilty plea, or sentencing proceeding, Judge Meyer will afford the victim an opportunity to be heard. If any victim is not present, Judge Meyer will inquire of the prosecutor whether the victim has been timely notified of the proceeding, whether the prosecutor has personally consulted with the victim, and whether the victim has any views with respect to the proceeding that he or she wishes to be made known to the Court.
CJA payments
Any CJA attorney who has difficulty obtaining timely review or payment of a claim is encouraged to contact Judge Meyer’s chambers by telephone.
