For any questions regarding a case before Judge McShane, call Judge McShane's Courtroom Deputy at (541) 431-4105.
FRCP Rule 16 Conferences:
Judge McShane sets Rule 16 conferences in his cases after all defendants have answered. Prior to the conference, the parties should consult regarding a discovery plan and anticipate advising Judge McShane of their plan. The parties should have their calendars available to discuss scheduling, including modification of the current case deadlines for discovery, dispositive motions or pretrial order, and setting a trial date. The parties should be prepared to discuss the pleadings, settlement options, and any other issues that may have arisen.
The parties may contact Judge McShane at (541) 431-4150 to informally resolve discovery disputes. If the parties wish to schedule a formal discovery conference in advance, they may call Judge McShane's Courtroom Deputy at (541) 431-4105.
Argument on Motions:
In most cases, Judge McShane will grant a request for oral argument. Telephone hearings may be set for out of town counsel if the motion is non-dispositive. In these instances, if one side will need to appear by telephone, Judge McShane will request both sides appear by telephone. Counsel is required to appear for dispositive motions.
Trial is usually scheduled at the Rule 16 conference. 90 days prior to trial the court will automatically enter a trial management order which sets out the dates that certain pretrial documents are due. Pretrial conferences are in person at the Courthouse in Eugene.
Click here for a sample Trial Management Order.
The court strongly encourages counsel to hyperlink to the cases that they cite in their briefs. For more information see the following tutorials:
Expedited Case Management:
If the parties agree to an expedited trial schedule, the court will set a case management conference to discuss limits on discovery and the need for dispositive motions. The court will make every effort to set a trial date within six months of the expedited case management conference.
Jury Trial Innovations:
Judge McShane will consider allowing jury trial innovations that require using up to two of the following practices: (1) using a timing order; (2) instructing the jury on the law prior to trial; (3) allowing jurors to ask questions; and (4) allowing attorneys to make mini-summations during trial. The court will address these practices during the pretrial conference and seek input from counsel about which practices may be most suitable for their case.
Opportunities for Young Lawyers:
Judge McShane is aware of the current trend wherein fewer cases go to trial and therefore there are generally fewer in-court "stand-up" opportunities, particularly for young lawyers (attorneys practicing less than 7 years). Judge McShane strongly encourages litigants and firms to be mindful of opportunities for young lawyers to conduct hearings before the court, especially for motions and responses that young lawyers drafted or significantly contributed to. In instances where Judge McShane will be ruling on a motion or response handled by a young lawyer, Judge McShane is inclined to weigh in favor of granting requests for oral arguments in court.
The court does understand that in some circumstances having a young lawyer present oral arguments may not be appropriate and/or in the best interests of the client. Even so, Judge McShane believes it is important to try to provide young lawyers with substantive speaking opportunities to gain experience in court, as the benefits of such experience will accrue to the young lawyer, their clients, and the legal profession in general.
After the conclusion of a case, Judge McShane will be available to meet with any young lawyers who wish to receive feedback in regards to their in-court appearances.
- Mobile devices must be turned off before entering the courtroom.
- Please provide advance notice when you require teleconferencing, intend to utilize the courtroom's video displays, or have other presentation technology questions.
- Attorneys and parties should conduct themselves with decorum and civility.
- During oral arguments, attorneys and witnesses should refer to parties by their proper names (Ex: "Mr. Smith" not "the defendant").
- Please do not rise when Judge McShane enters or exits the courtroom. However, everyone will be instructed to rise for the jury.
Last Updated: Tuesday, January 19, 2016