By Susan Eckert Pinkowski
Case Manager, MIED
You’ve done your homework – been admitted to the MIED, USDC, became an efiler, have already attended the New Lawyers’ Seminar (de rigor!), reviewed all the court rules, including the Local Rules, and you’re ready to handle your first case in federal court. Congratulations!
But there’s more! Once your case opens, it is imperative that you read your assigned judge’s practice guidelines which are found on the court’s website under “Judges, District Judges.” Just click on your assigned judge and absorb the knowledge provided for your convenience. In addition, refer back to the New Lawyers’ Seminar brochure you received which contains detailed “do’s and don’ts” for each judge.
In spite of all of the information that has been provided, there are a few state court practices that most state attorneys continue to use out of habit, but they are not required, and in some instances, not wanted.
Here are some state practices to keep in mind that are unnecessary:
• Attorney/firm contact information under the caption
• “At a session” language on proposed orders under the title of the order (note that proposed orders are never to be efiled on the docket by attorneys even as an exhibit and always are submitted via the Utilities function in CM)
• “This is a final order and closes the case” language at the end of a dismissal order
• No combined pleadings are allowed (i.e., motion response also contains a motion or a request for some judicial action – must be two separate efilings with all related necessary paperwork)
• Motion fees in federal court
• Notices of hearing; that will come from chambers
• Likewise, praecipes are not used in federal court
Some common mistakes state attorneys make in federal court:
• Not seeking concurrence before efiling a motion (know your court rules!)
• Not having an appearance on the docket – each attorney must have one; if you are assisting lead counsel and were not the signatory of the complaint or the answer, be sure to efile an appearance to get your name on the docket so you will receive NEFs
• Using the wrong margins, font, and/or line spacing (court rules!)
• Please do not use pleading paper that has the firm logo and contact information in the left margin
• Using your cell phone in the courtroom without asking the judge for permission; there are unlocked attorney conferences rooms on each floor where calls can be made
• Not telling Chambers a case has settled, especially while motions are pending
A good rule of thumb is to check the judge’s guidelines and the case docket before calling chambers as you will save yourself and the case manager precious time. If you need a quick response, it might be a good idea to email the case manager instead of calling; if the CM is in court, they cannot answer the call, but they can still occasionally address emails. The CM’s email address is on the judge’s practice guidelines page.
Case Manager, MIED
You’ve done your homework – been admitted to the MIED, USDC, became an efiler, have already attended the New Lawyers’ Seminar (de rigor!), reviewed all the court rules, including the Local Rules, and you’re ready to handle your first case in federal court. Congratulations!
But there’s more! Once your case opens, it is imperative that you read your assigned judge’s practice guidelines which are found on the court’s website under “Judges, District Judges.” Just click on your assigned judge and absorb the knowledge provided for your convenience. In addition, refer back to the New Lawyers’ Seminar brochure you received which contains detailed “do’s and don’ts” for each judge.
In spite of all of the information that has been provided, there are a few state court practices that most state attorneys continue to use out of habit, but they are not required, and in some instances, not wanted.
Here are some state practices to keep in mind that are unnecessary:
• Attorney/firm contact information under the caption
• “At a session” language on proposed orders under the title of the order (note that proposed orders are never to be efiled on the docket by attorneys even as an exhibit and always are submitted via the Utilities function in CM)
• “This is a final order and closes the case” language at the end of a dismissal order
• No combined pleadings are allowed (i.e., motion response also contains a motion or a request for some judicial action – must be two separate efilings with all related necessary paperwork)
• Motion fees in federal court
• Notices of hearing; that will come from chambers
• Likewise, praecipes are not used in federal court
Some common mistakes state attorneys make in federal court:
• Not seeking concurrence before efiling a motion (know your court rules!)
• Not having an appearance on the docket – each attorney must have one; if you are assisting lead counsel and were not the signatory of the complaint or the answer, be sure to efile an appearance to get your name on the docket so you will receive NEFs
• Using the wrong margins, font, and/or line spacing (court rules!)
• Please do not use pleading paper that has the firm logo and contact information in the left margin
• Using your cell phone in the courtroom without asking the judge for permission; there are unlocked attorney conferences rooms on each floor where calls can be made
• Not telling Chambers a case has settled, especially while motions are pending
A good rule of thumb is to check the judge’s guidelines and the case docket before calling chambers as you will save yourself and the case manager precious time. If you need a quick response, it might be a good idea to email the case manager instead of calling; if the CM is in court, they cannot answer the call, but they can still occasionally address emails. The CM’s email address is on the judge’s practice guidelines page.
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