Order in the Court is a podcast produced by the Bolch Judicial Institute of Duke Law School and explores new ideas related to rules of practice and procedure. The podcast is hosted by retired U.S. district court judge and director of the Institute, Paul W. Grimm.
On this episode, host Paul W. Grimm continues his discussion with Professor Maura R. Grossman, focusing on the legal system’s evolving challenges with generative AI and deepfakes.
7 Aug 2025
To Fear or Not to Fear: The Fundamentals of AI and the Law
In this episode, host Paul W. Grimm and Professor Maura R. Grossman explore the fundamentals of artificial intelligence and its expanding role in the legal system.
23 Apr 2025
The Magistrate Judge’s Role in Federal Court Settlements
On this episode, host Paul W. Grimm speaks with retired U.S. Magistrate Judge Beth P. Gesner about settlement of civil cases in federal court, and in particular, the magistrate judge’s role in facilitating settlement discussions. They also discuss several strategies judges can utilize to more effectively manage settlement of their cases, such as maintaining a calendar, holding everyone accountable to deadlines, memorializing agreements that are made between parties, and ensuring that key decision makers are always part of settlement discussions.
24 Jan 2025
Discovery Reforms and Best Practices in Federal Litigation
On this episode, host Paul W. Grimm speaks with Senior U.S. District Court Judge David G. Campbell about changes to the Federal Rules of Civil Procedure concerning discovery practices, and in particular the effects of the “2015 Amendments” to the rules. These amendments include narrowing the scope of discovery to relevant and proportional information, reintroducing proportionality as a primary limitation to the scope of discovery, and emphasizing judicial case management to streamline litigation. Their discussion highlights how better discovery practices can lead attorneys to faster, better, and cheaper results for their clients.
7 Aug 2024
Streamlining Justice: A Unified Approach to Civil Case Management
On this episode, host Paul W. Grimm speaks with Judges Carolyn B. Kuhl and William F. Highberger of the Superior Court of California about the challenges of managing increasingly complex civil caseloads in state and federal courts. The judges introduce their concept of a “Unified Theory of Case Management,” which aims to streamline court procedures through a set of core, case-neutral goals, strategies, and toolkits. Their discussion emphasizes the importance of efficient, fair, and cost-effective resolution of cases, aiming to ensure the judicial process is perceived as fair by all parties involved.
4 Jun 2024
Special Masters: Wizards of Consensus in Complex Cases
BACKGROUND
Rule 53 (https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_legal/frcpweb/FRC00057.HTM) of the Federal Rules of Civil Procedure authorizes judges to appoint a “master” to assist the court when exceptional conditions prevent the assigned judge from handling all matters associated with a case. Commonly referred to as “special masters,” these judicial adjuncts address pretrial and posttrial matters that “cannot be effectively and timely addressed by an available district judge or magistrate judge.” Frequently they oversee the discovery process and resolve disputes when they arise, supervise settlement discussions, perform accountings, or compute damages. The order appointing the master must direct them to proceed with all reasonable diligence, and clearly state the scope of their duties, including any limits to it.
ABOUT THE HOST
Judge Paul W. Grimm (ret.) is the David F. Levi Professor of the Practice of Law and Director of the Bolch Judicial Institute at Duke Law School. From December 2012 until his retirement in December 2022, he served as a district judge of the United States District Court for the District of Maryland, with chambers in Greenbelt, Maryland. Click here (https://judicialstudies.duke.edu/about/our-team/#grimm) to read his full bio.
22 Apr 2024
Motions Practice and Beyond
Additional links:
Click here (https://www.gibsondunn.com/lawyer/hazel-george-j/) to read George Hazel’s full profile and bio on Gibson Dunn’s website
Listen and subscribe to George Hazel’s podcast “A View from the Bench” on Apple Podcasts (https://podcasts.apple.com/ca/podcast/a-view-from-the-bench/id1727194854).
ABOUT THE HOST
Judge Paul W. Grimm (ret.) is the David F. Levi Professor of the Practice of Law and Director of the Bolch Judicial Institute at Duke Law School. From December 2012 until his retirement in December 2022, he served as a district judge of the United States District Court for the District of Maryland, with chambers in Greenbelt, Maryland. Click here (https://judicialstudies.duke.edu/about/our-team/#grimm) to read his full bio.
7 Mar 2024
Changes to Federal Rules of Evidence 613, 801, 804, 1006, and new Rule 107
For more information about these and other pending rules and amendments, visit this page (https://www.uscourts.gov/rules-policies/pending-rules-and-forms-amendments) on the U.S. Courts website.
ABOUT THE HOST
Judge Paul W. Grimm (ret.) is the David F. Levi Professor of the Practice of Law and Director of the Bolch Judicial Institute at Duke Law School. From December 2012 until his retirement in December 2022, he served as a district judge of the United States District Court for the District of Maryland, with chambers in Greenbelt, Maryland. Click here (https://judicialstudies.duke.edu/about/our-team/#grimm) to read his full bio.
21 Feb 2024
Changes to Federal Rules of Evidence 106, 615, and 702
This episode was recorded before the Dec. 1, 2023, deadline for Congress to act before the amendments would go into effect. Congress did not act to modify or prevent the rules from going into effect, so they have all since entered the Federal Rules of Evidence.
Some listeners may find it helpful to review the original rules along with changes. This blog (https://www.ficlaw.com/blog/upcoming-changes-to-the-federal-rules-of-evidence) by Melinda Burton, attorney at the firm Faruki PLLC, highlights the revisions that went into effect.
In 2020, Professor Capra published the article "Evidentiary Irony and the Incomplete Rule of Completeness: A Proposal to Amend Federal Rule of Evidence 106" (https://minnesotalawreview.org/article/evidentiary-irony-and-the-incomplete-rule-of-completeness-a-proposal-to-amend-federal-rule-of-evidence-106/) co-authored with Professor Liesa L. Richter in the Minnesota Law Review. In 2021, Professor Capra and Professor Richter published the article "The" Rule: Modernizing the Potent, But Overlooked, Rule of Witness Sequestration (https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=3912&context=wmlr) in the William & Mary Law Review.
ABOUT THE HOST
Judge Paul W. Grimm (ret.) is the David F. Levi Professor of the Practice of Law and Director of the Bolch Judicial Institute at Duke Law School. From December 2012 until his retirement in December 2022, he served as a district judge of the United States District Court for the District of Maryland, with chambers in Greenbelt, Maryland. Click here (https://judicialstudies.duke.edu/about/our-team/#grimm) to read his full bio.
11 Jan 2024
Federal Rules and the Rulemaking Process
ADDITIONAL LINKS
More information about the federal rulemaking process can be found on the uscourts.gov website (https://www.uscourts.gov/rules-policies/about-rulemaking-process).
The next meeting of the Civil Rules Committee is scheduled to occur in Denver, Colorado in April 2024. The current calendar of rules committee meetings can be found here (https://www.uscourts.gov/rules-policies/about-rulemaking-process/open-meetings-and-hearings-rules-committee). Transcripts and recordings of past meetings are archived here (https://www.uscourts.gov/rules-policies/records-rules-committees/transcripts-and-testimony).
Click here (https://www.fjc.gov/history/judges/rosenberg-robin-lee) to read Judge Robin L. Rosenberg's bio on the Federal Judicial Center's website.
ABOUT THE HOST
Judge Paul W. Grimm (ret.) is the David F. Levi Professor of the Practice of Law and Director of the Bolch Judicial Institute at Duke Law School. From December 2012 until his retirement in December 2022, he served as a district judge of the United States District Court for the District of Maryland, with chambers in Greenbelt, Maryland. Click here (https://judicialstudies.duke.edu/about/our-team/#grimm) to read his full bio.
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7 ratings
Podcast Authority Score: 25 / 100
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