Judge Robert L. Miller Jr.
325 Robert A. Grant Federal Building
204 South Main Street
South Bend, IN 46601
Frequently Asked Questions
Q: Do parties have to use CM/ECF?
A: Yes. Effective January 1, 2005, the use of CM/ECF is mandatory, unless a party has been relieved of such requirement by the court.
Q: Where should parties send proposed orders?
A: If the order relates to a non-dispositive motion, or the scheduling/rescheduling/continuance of a conference/hearing scheduled before Magistrate Judge Nuechterlein, the order should be e-mailed in Word Perfect or Microsoft Word format to Judge Nuechterlein's Chambers.
If the order relates to a dispositive motion, or the scheduling/rescheduling/continuance of a conference/hearing scheduled before Judge Miller, the order should be e-mailed in Word Perfect or Microsoft Word format to Judge Miller's Chambers.
Q: What do the initials after each case number mean?
A: The initials after the case number refer to the presiding judge assigned to the case and the magistrate judge to whom the case has been referred for non-dispositive matters. For example, a case assigned to Judge Miller and referred to Magistrate Judge Nuechterlein would have RLM/CAN after the cause number listed on the docket sheet.
Q: What does the magistrate judge handle?
A: The magistrate judge assigned to each case handles all non-dispositive motions, as well as case management issues such as discovery deadlines and trial settings. Forms of order for those motions should be sent to the appropriate chambers.
Q: Can counsel attend proceedings before Judge Miller telephonically?
A: No. Absent exigent circumstances, Judge Miller does not allow counsel or parties to attend proceedings by telephone.
Q: Does Judge Miller have a motion call day?
A: No, there is no specific motion call day. A party that wants oral argument should request it via a motion.
Q: Does Judge Miller have a set of standing orders?
Q: What is the difference between a regular motion for summary judgment and a fully-briefed motion for summary judgment (summary judgment packet)?
A: In a regular motion for summary judgment, the moving party files its motion and supporting documents with the court by the dispositive motion deadline specified in the scheduling order. The opposing party then has thirty days to file a response, and the moving party has fifteen days to file a reply. In a fully-briefed motion for summary judgment, the moving party will serve the motion and supporting documents on the opposing party, but will not file the motion with the court at that time. The opposing party has thirty days to serve a response on the moving party. The moving party then has fifteen days to draft a reply and file the entire packet with the court. The entire packet (consisting of the motion, response, and reply) must be filed by the dispositive motion deadline specified in the scheduling order.
Q: What happens if I need an extension of time to serve my response or reply brief to a fully-briefed motion for summary judgment?
A: It is the parties' responsibility to work out the internal deadlines in a fully-briefed motion for summary judgment. The briefing schedule outlined in L.R. 56.1 may be modified by agreement of the parties, so long as the fully-briefed packet is filed by the dispositive motion deadline. The court may modify the dispositive motion deadline date, but it will not modify the response or reply date for a fully-briefed motion for summary judgment.
Q: Does Judge Miller require the parties to engage in mediation?
A: Parties are strongly urged to engage in mediation prior to the final pretrial conference.
Q: What time does court start during a trial?
A: Court starts at 9:30 a.m. during a trial. Attorneys, however, should plan on arriving by 9:00 a.m. Court generally ends by 5:00 p.m., but the time may vary depending on the circumstances of the trial. There is generally a short morning break, a lunch break, and a short afternoon break at some point during each day of the trial.
Q: Can I get a demonstration of the technology available in the courtroom?
A: Yes, please contact the courtroom deputy, DeAndra Kirkwood, at (574) 246-8082 to set up an appointment.
Q: What should be in the pretrial order?
A: Please refer to Fed. R.Civ. P. 16(d) and (f), and Appendix A to the Northern District of Indiana Local Rules for a Sample Proposed Pre Trial Order.
Q: What happens at a final pretrial conference?
A: The final pretrial conference generally occurs about two weeks before trial. The purpose of the conference is to resolve any last minute issues, answer any questions the parties have about trial procedures, and, if time allows, rule on any pending motions.