judge console · D. Mass.
D. Mass. · Judge Casper · Practice Guide

Hon. Denise J. Casper

All local rules for D. Mass., integrated with this judge's published requirements.

Drafting the Motion
Length limits — motion, opposition, reply
👤 Judge Casper — standing order
Reply

I typically allow reply briefs, but only with a motion for leave to file same. I do not typically allow surreply briefs. ... If I do, it is usually 10 pages.

Filing & Scheduling
Chambers / courtesy copies
👤 Judge Casper — standing order
Standing order

Do you require the parties to provide a courtesy copy of trial exhibits to the Court before trial? A49: Yes, but only in electronic form.

Proposed orders
👤 Judge Casper — standing order

In addition to the ECF filing, I ask that a Word version of proposed jury instructions and the verdict form be provided to the court.

The Hearing
Oral argument
👤 Judge Casper — standing order
Default practice

Do you typically hold a hearing on motions to dismiss? A27: Yes Q28: Do you typically hold a hearing on summary judgment motions? A28: Yes ... A29: I often impose time limits on arguments. If I do, the amount of time depends on the case.

Remote appearances
👤 Judge Casper — standing order

The Court notes that during any telephonic and/or video proceedings, it is important that all participants, including counsel, endeavor to ensure that an accurate record of the proceedings is maintained as all such proceedings are being transcribed by the court reporter. In furtherance of that interest, the Court adopts the following requirements as to videoconferences: 1. Use the mute function if you are not speaking. 2. If the videoconference is through Zoom, please use both the video and audio features. If you will not have access to a computer/laptop/phone with a camera to use the video feature on Zoom, please contact Lisa Hourihan, the courtroom deputy in advance of the proceeding.

Discovery
Discovery referral procedure
👤 Judge Casper — standing order

Typically, do you resolve discovery motions or do you refer them to the magistrate judge? A16: I typically refer them to the magistrate judge.

Discovery dispute procedure
👤 Judge Casper — standing order

Upon review of discovery motions, I double-check that the parties' certifications regarding conferring has been filed. In a number of cases, even if the certification has been filed, but the substance of the motion and opposition suggests that this discussion has been pro forma, but I may order the parties to confer further to attempt to narrow their areas of disagreement before addressing any pending discovery motion or referring same to the magistrate judge.

Do you typically hold a hearing on discovery? A17: No. ... A18: I have no particular practice other than I more likely than not resolve the matter on the papers and do not hold a hearing.

More from Judge Casper’s procedures
👤 Judge Casper — standing order
Argument counsel requirement

the undersigned judge, as a matter of policy, strongly encourages the participation of relatively inexperienced attorneys in all court proceedings including but not limited to initial scheduling conferences, status conferences, hearings on discovery motions and dispositive motions, and examination of witnesses at trial. ... Relatively inexperienced attorneys who seek to participate in evidentiary hearings of substantial complexity (e.g., examining a witness at trial), should be accompanied and supervised by a more experienced attorney unless counsel seeks and receives leave of Court to do otherwise. Source ↗

MSJ limitation

Yes, as to motions for summary judgment. The movant for summary judgment shall serve electronically a Word version of their statement of undisputed facts on the non-movant when they file their motion for summary judgment and all supporting materials. When filing its opposition to the motion for summary judgment, the non-movant shall file a response to the movant's statement of undisputed facts that uses the Word document and responses to each of the movant's undisputed facts, paragraph by paragraph, and, if disputed, include page references to affidavits, depositions or other documents in the record. Source ↗

content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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