I. Pre-Trial Matters
A. Motions
1. Counsel who file motions and petitions which require briefing, hearing, or argument should follow the procedures set forth in C.C.R.C.P. 206, et. seq. However, motions and petitions filed as course which are unopposed or which require only brief argument or explanation (e.g. Motion to Place on Trial List, Motion to Withdraw as Counsel, Motion to Proceed under Pa.R.C.P. 209, Motion for Continuance, etc.), may be presented on Mondays at 9:30 a.m. in open court during weeks in which civil, family or miscellaneous matters are scheduled (check with the Court Administrator's Office for schedule). Counsel should give the Judge and opposing counsel at least three working days' advance notice, and thereafter, file an affidavit or a certificate of service. Counsel are advised to familiarize themselves with Pa.R.C.P. 206 before presenting a matter on petition or answer, for disposition to the Court.
2. Status Calls: All counsel should call Pre-Trial at (610) 344-6976 in order to find out the status of any pre-trial motions (e.g. Motions for Summary Judgment, Motions for Judgment on the Pleadings, Motions for Sanctions, etc.). Please contact the Judge's Law Clerk at (610) 344-5201 for the status of the following Motions: Post-Trial Motions, Motions in Limine, Motions for Reconsideration, and any Motions involving the law on Zoning.
3. Emergency Requests: All emergency matters (e.g. T.R.O.'s, Petitions to Stay, etc.) and stipulated orders may be submitted to the Court at any time. If possible, advance notice should be given to the other party and/or their counsel if known. Motions in Limine should be presented one week prior to the selection of a jury.
B. Oral Argument
1. Counsel should be prompt, professionally attired and well prepared for Oral Argument. Be prepared to engage in a colloquy with the Court, rather than to make a set argument. Be prepared to cite to applicable legal authority for your position, rather than merely arguing the facts of the case.
C. Conferences
1. Conferences should be scheduled through my secretary. It is important to distinguish between administrative conferences, settlement conferences and pre-trial conferences. Pre-trial and settlement memorandums should be filed no later than five days before the scheduled conference. Please review C.C.R.C.P. 212.1.
D. Continuances
1. Continuance requests must be sought as soon as possible. Continuances are not favored. In civil cases, counsel must have good cause (e.g. death or serious bodily injury) for the request. We will only grant continuances on written motion or petition pursuant to Pa.R.C.P. 216. Please do not mail or fax written requests for continuances directly to the Judge's Chambers.
E. Minors/Wrongful Death Claims
1. Approval of Minors/Wrongful Death Claims should be scheduled through the Court Administrator. Notice must be given to defendants and insurance companies. Minors should be present in Court, where applicable.
F. Miscellaneous
1. Counsel should contact the appropriate office (e.g. Court Administration, Prothonotary, Family Court Administration, etc.) with questions on filings, not the Judge's Chambers. Counsel should not, as a first resort, call the courthouse when researching the law will suffice. Questions about legal procedure, motions, petitions and applications should be addressed to the Pre-Trial office. Scheduling questions should be directed to the Court Administrator's Office. Only special circumstances will require contacting my secretary.
II. Court Proceedings
A. Preliminary Conference
1. Counsel shall meet with the Court prior to jury selection to discuss voir dire, Motions in Limine, timing of witnesses, proof, etc., and any other trouble spots.
B. Unanticipated Trial Issues
1. If you have reason to anticipate that a difficult question of law or evidence will arise during trial, counsel should alert his or her opponent and the Court should be supplied with a memorandum of law on the issue as soon as feasibly possible before the commencement of trial.
C. Voir Dire
1. Usually, counsel will conduct voir dire in civil cases. If disputes arise, the Court will handle them, usually in Chambers. The Court prefers that counsel not spend more than two hours on voir dire, including the striking procedure. In complicated cases, the Court may grant more time for voir dire. If you are taking too long, the Court will take over the process. If individual voir dire is requested, the Court shall establish the terms under which it is to be conducted.
D. Court Seating
1. Under local practice, plaintiff's table is closest to the jury box.
2. If there is a request for more than a total of two counsel tables, or any other special requests for seating, visual aids, such as tv/video equipment, etc., please notify the Court Administrator's Office at least one week before trial.
3. Only counsel and parties, if desired, shall sit at counsel table. Witnesses shall sit in the spectator section or in the hall, unless otherwise authorized by the Court. If any party desires sequestration, that motion shall be made at the outset of the trial. If sequestration is ordered, all witnesses for all parties will likely be sequestered. Counsel will be responsible for informing their non-party witnesses that they should remain outside of the courtroom until called, and that they should not discuss their testimony with other witnesses until the trial is concluded.
4. No food or beverage may be brought to counsel table or into the courtroom. Counsel may, however, have water glasses and pitchers at counsel table. Arrangements should be made with the tipstaff on duty.
E. Decorum of Counsel
1. Counsel shall dress in an appropriate and professional manner. The trial shall at all times be conducted in a dignified and formal manner. Counsel shall not raise their voice any higher than is necessary to be clearly heard by the Court, witnesses and the jury. Always address the Court and not one another. Colloquy between counsel is permitted only to expedite the trial and should be avoided in the presence of the Judge and jury. Counsel should never act or speak disrespectfully to the Court or to opposing counsel in any manner.
2. Counsel's demeanor should be one of courtesy and professionalism. Counsel shall not exhibit familiarity with the parties, jurors or opposing counsel. The use of first names should be avoided. During opening statements or closing arguments, no juror should be addressed individually or by name.
3. PLEASE RISE WHENEVER YOU ADDRESS THE COURT.
F. Introduction of Counsel
1. At the outset of a hearing or a trial, counsel shall place on the record the complete caption of the case for the benefit of the Court Reporter. Counsel shall also state and spell their name and state who they represent in the action.
G. Opening Statements
1. The purpose of the opening statement is to state briefly what counsel expects the evidence to show. Brief reference to the law will be permitted but only to the extent that it will aid the jury to understand what counsel expects to prove. It is not proper to use the opening statement to argue the case. Upon violation of any of these rules, the Court may, sua sponte, interrupt the opening statement and admonish counsel.
H. Objections to Questions
1. When objecting, counsel should only state "objection" and then give a brief statement of the legal grounds for the objection. Do not offer extensive argument or explanation unless requested to do so by the Court. Counsel will not be permitted to state additional reasons after the Court has ruled. Do not use objections for the purpose of making a speech, recapitulating testimony, or attempting to guide the witness.
I. Examination of Witnesses
1. Counsel should ordinarily conduct examination of witnesses from the lectern or while seated at counsel table. If counsel is more comfortable standing, counsel shall stand behind the counsel table. Do not approach a witness without specific permission. When permission is granted, please return to counsel table when the purpose of the permission is concluded.
2. Have the witness state and spell their name for the Court Reporter's benefit.
3. If a witness is to be examined on the basis of prior written statements made by the witness, and these statements have not therefore been received into evidence, the witness shall first be shown the statement and asked whether he or she acknowledges having made it. Thereafter, counsel may read the question(s) and answer(s) slowly and ask the witness if such was a correct reading.
4. Witnesses should be treated with fairness and consideration; they should not be shouted at, ridiculed, or abused in any manner. Even tough cross-examination can be done in a civilized and professional manner.
5. WITNESSES AND PARTIES SHOULD BE INSTRUCTED TO WEAR PROPER ATTIRE TO COURT. SHORTS, TANK TOPS, ETC., ARE NOT PERMITTED ATTIRE. Witnesses or parties not properly attired may be excluded from the courtroom.
6. Avoid the use of argumentative questions when questioning an opposing party. Keep your questions clear and to the point.
7. If a witness was on the stand at a recess or adjournment, the witness should be on the stand ready to proceed when Court is resumed. Counsel are reminded that they may not discuss a witness' testimony with him or her once that witness has begun testifying until the witness is excused. Make sure that you do not run out of witnesses. If you are out of witnesses and there is more than a brief delay, the Court may determine that counsel is resting. If there is going to be a problem with the scheduling of any witness(es), inform the Court at the preliminary conference and at the beginning of that day's proceedings.
J. Cross-Examination
1. If counsel are going to cross-examine a witness on the basis of a deposition, first give a copy of the deposition to the witness. Then allow the witness to read the deposition and to say whether they previously gave that testimony. Once this procedure is complete, cross-examination may proceed.
K. Exhibits
1. Be sure that exhibits are marked BEFORE the trial begins. Arrange with the Court Reporter to have your exhibits marked at a time when it will not delay the proceedings. DO NOT ASK THE COURT REPORTER TO GIVE UP HIS/HER BREAK TO MARK YOUR EXHIBITS.
2. Except where impractical, copies of the exhibits should be provided to all other counsel. The jury should see no exhibit before it has been admitted into evidence. Counsel should not unnecessarily request to have exhibits published to the jury.
3. Exhibits may be moved into evidence at any time during one's own case, once the proper foundation is laid. It is not necessary to hold all exhibits until the end of your case and move them at that time.
4. Each counsel should keep a list of exhibits and should keep track of when each exhibit has been admitted into evidence. Exhibits admitted into evidence should be delivered to the Court Clerk.
5. Counsel should refer to an exhibit by exhibit number. Witnesses should be asked to do the same.
L. Other Courtroom Tools
1. Devices such as admissions, pleadings, requests for admissions of parties contained in depositions and interrogatories, etc., can be very useful to the presentation of one's case. However, they are not part of the evidence unless moved and admitted as such.
2. If planning to use videotapes, be sure they are rewound and be sure to review any objections made on the videotapes with the Judge ahead of time.
3. Although jury views are not encouraged, they may be done with advance arrangements by counsel with the Court. Highly detailed photographs are preferred and can prove just as informative.
M. Side Bar Conferences
1. Side bar conferences should be infrequent and should be sought only when necessary.
N. Court Reporter
1. The Court Reporter is under the control of the Court. Counsel should not issue instructions or make requirements to the reporter. Counsel should direct their requests to the Court, and if appropriate, the Court will issue instructions to the Reporter.
O. Points for Charge and Closing Arguments
1. A charge conference will always be held prior to closing arguments. Points for charge should be submitted in writing prior to closing arguments. At a minimum, you should supply a list (by number) of the standard jury instructions that you want read to the jury. Give a copy to opposing counsel as soon as possible so intelligent objections can be made at the conference. Ordinarily, standard jury instructions are given. However, if special or unusual issues or rules of law are at issue, written points should be submitted, with citations of authority.
2. All exceptions to the Court's charge must be placed on the record before the jury is dismissed for deliberations.
3. The Court will obtain counsel's agreement on the amount of time for closing arguments and will hold counsel to that time. Plaintiff's counsel should be sure to reserve time from their closing to use for rebuttal.
P. Miscellaneous
1. Findings of Fact are very helpful in non-jury trials and are highly encouraged.
2. Counsel should exchange their lists of experts and the substance of their testimony prior to the beginning of trial, or else risk having that expert barred from giving testimony. Prepare your expert examination, including proper factual foundations. On critical issues, experts should be specifically asked if they hold their opinion to a reasonable degree of certainty within their field of expertise.
3. During jury deliberations, counsel shall let the tipstaff on duty know where they are, and shall be available, with their clients, to return to the Court on five minute's notice.
4. From the time the jury is selected until it is discharged, counsel shall avoid ALL forms of contact with the individual jurors, and shall advise their parties and witnesses to do the same.
