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

Hon. Donald L. Cabell

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

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

No. I do find that counsel quasi-regularly exceed the presumptive page limits. Because those additional pages rarely add substantial, additional value, I am most keen on encouraging parties to adhere to the imposed page limits.

Reply

Yes, As long as there is some basis to believe the reply or surreply will be helpful, I am inclined to grant leave for their submission.

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

Q26: Do you typically hold a hearing on motions to dismiss? A26: Yes. Q27: Do you typically hold a hearing on summary judgment motions? A27: Yes. Q28: If you typically hold hearings on dispositive motions, what, if any, time limits do you impose on counsel for their arguments? A28: I do not set hard limits going into a hearing. I have in mind that 30 minutes per side is sufficient but common sense ultimately controls what limits will be placed.

Remote appearances
👤 Judge Cabell — standing order

Q74: As of Fall 2022, are there any case events that you routinely conduct via Zoom in civil cases? If so, what are they? A74: I routinely conduct scheduling conferences by zoom. I will conduct vigorously contested motions in person but reserve the option (with the parties' assent) to conduct some discovery motions by zoom. I also do most mediations by zoom. Q75: As of Fall 2022, are there any case events that you routinely conduct via Zoom in criminal cases? If so, what are they? A75: I do most status conferences by zoom but otherwise do most criminal proceedings in person.

Discovery
Discovery dispute procedure
👤 Judge Cabell — standing order

Under our standing order, parties must first contact the courtroom deputy clerk, typically by e-mail, to summarize what the discovery issue is. We then will convene a telephone conference with the goal of helping the parties to narrow or resolve the issue. If the telephone conference is not successful, only then will the party be authorized to file a discovery motion.

Do you typically hold hearing on discovery motions? A16: Yes. Q17: ... As such, we can usually issue an oral order on the motion from the bench, and will follow it up with an electronic order summarizing the rulings on each issue.

More from Judge Cabell’s procedures
👤 Judge Cabell — standing order
Pre motion conference required

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: Under our standing order, parties must first contact the courtroom deputy clerk, typically by e-mail, to summarize what the discovery issue is. We then will convene a telephone conference with the goal of helping the parties to narrow or resolve the issue. If the telephone conference is not successful, only then will the party be authorized to file a discovery motion. Source ↗

content assembled from published local rules & standing orders · click any section in the rail for the full treatment
Get updates on Judge Cabell's procedures
Standing order changes, new key traps, and C.D. Cal. practice intelligence.