General Inquiries
For any questions regarding a case before Judge McShane, call Judge McShane's Courtroom Deputy at 541-431-4105.
Judge's Copies of Filings
Except for those documents identified in the Trial Management Order, parties are exempt from Local Rule 5-8 with regard to the paper filing of documents. PLEASE DO NOT SEND JUDGE MCSHANE PAPER COPIES OF YOUR FILINGS. HE WILL ACCESS YOUR FILINGS ELECTRONICALLY AND DOES NOT NEED A COURTESY COPY.
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 of discovery and dispositive motion deadlines. Following resolution of dispositive motions (or if no dispositive motions are filed), Judge McShane will hold a trial scheduling conference with the aim to set the trial sometime within the following 120 days.
Discovery Issues
Judge McShane prefers to first attempt a resolution of discovery disputes informally over the phone. It is quicker and less expensive than filing a Motion to Show Cause. The parties may email Judge McShane’s Courtroom Deputy with an outline of the dispute and the parties’ respective positions. A phone conference will then be scheduled in a matter of days.
Argument on Motions
In most cases, Judge McShane will grant a request for oral argument. Video hearings may be set for out-of-town counsel if requested. In these instances where one side will need to appear by video, Judge McShane will request both sides appear by video.
Trial Scheduling
A trial scheduling conference will be set following resolution of dispositive motions. 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.
Trial Management Order - McShane.pdf
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 the following to assist the jury during trial: (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. The Court encourages jury questionnaires in lengthy and complex cases.
Opportunities for Young Lawyers
Judge McShane strongly encourages litigants and law firms to be mindful of opportunities for young lawyers (attorneys practicing less than 7 years) to conduct hearings before the court in tandem with more experienced attorneys, especially where young lawyers drafted or significantly contributed to motions and responses. These opportunities include oral argument as well as witness examination.
Judge McShane believes it is important to provide young lawyers with substantive speaking opportunities to gain experience in court, as the benefits of such experience accrue to the young lawyer, clients, and the legal profession in general. However, Judge McShane understands that, in some instances, having a young lawyer appear may not be appropriate or in the client's best interest. Therefore, an experienced attorney may supplement a young lawyer's arguments and questions with their own if necessary.
Courtroom Rules
- 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 and at trial, 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. You may sit or stand during oral argument.