The Honorable Anita B. Brody
United States District Court for Eastern District of Pennsylvania
James A. Byrne United States Courthouse
601 Market Street, Room 7613
Philadelphia, Pennsylvania 19106
Telephone: 215-597-3978
Email:
[email protected]
POLICIES AND PROCEDURES*
GENERAL MATTERS
1. Correspondence with the Court
Judge Brody permits correspondence by email from counsel concerning urgent administrative
matters. Counsel must address all other matters by motion. If Counsel wishes to address any
other matter by letter, that is fine, but the letter must be designated as a motion on ECF. This
will trigger the need for a response from opposing counsel and signify to the court that action is
required.
2. Communications with Law Clerks
Judge Brody permits counsel to email and speak with her law clerks about urgent administrative
or scheduling matters. Communication is also permissible when designated by Judge Brody.
3. Scheduling Policy
Judge Brody tries to accommodate reasonable requests from counsel regarding scheduling. If
counsel agree on a scheduling issue, a letter docketed on ECF requesting Judge Brody’s approval
is often sufficient. If time does not permit a letter, an attorney may email the request to chambers.
4. Continuances and Extensions
Judge Brody is generally accommodating with respect to initial requests for extensions; she is
less accommodating with respect to subsequent requests. Although Judge Brody adheres to the
general policy that no associate should be forced to “pull an all-nighter” to comply with a
scheduling deadline, once the dates are established, reasonable compliance is expected. It is
unlikely that Judge Brody will grant a continuance once a case has been set for trial. A party
seeking an extension should provide a date certain for the requested revised deadline.
5. Telephone Conferences
Judge Brody will often arrange for a telephone conference to deal with less complex matters,
including discovery disputes.
6. Filings with the Clerk of Court
*
Disclaimer: This document is not intended to be read as a statute but rather as a compilation of
best intentions.
Judge Brody insists that all attorneys appearing before her register on ECF and submit official
filings with the court directly through ECF. All filings should be submitted in 14-point font.
CIVIL CASES
Initial Pretrial Conference
1. Initial Pretrial Conference Notice
Judge Brody will timely notice an initial pretrial scheduling conference (Rule 16). The notice
establishes certain guidelines that Judge Brody will follow throughout the litigation and outlines
the matters that will be considered at the scheduling conference. As stated in the Notice, counsel
must submit a joint proposed discovery plan via ECF to the court no later than 3 days prior to the
conference.
2. Requirements for Participation in the Conference
The Judge expects trial counsel to attend the conference. All counsel wishing to participate in the
conference must enter an appearance on ECF prior to the conference. Additionally, all counsel
wishing to participate and seeking to be admitted pro hac vice must file a pro hac vice motion
and pay the associated fee prior to the conference. Counsel must arrive at the conference with
settlement authority and arrange for the client to be available by telephone for the duration of the
conference.
3. Scheduling Order
After the scheduling conference, Judge Brody issues a scheduling order establishing discovery
and dispositive motions deadlines. After all dispositive motions have been decided or the
deadline for dispositive motions has passed, Judge Brody will enter a trial scheduling order
establishing deadlines for pretrial filings and setting dates for a pretrial conference/settlement
conference and trial.
Settlement and Arbitration
1. Settlement
Judge Brody will inquire as to settlement at every opportunity. Unless the parties opt for a
particular method of ADR, Judge Brody will refer the case to a magistrate judge for a formal
settlement conference. If counsel would prefer to attend an early settlement conference, they can
request at the pretrial conference that such a provision be included in the scheduling order.
2. Arbitration
Judge Brody does not hold pretrial scheduling conferences in arbitration cases. If a trial de novo
is demanded, Judge Brody will hold a pretrial conference to explore settlement and will schedule
the trial as soon as possible.
Discovery Matters
1. Length of Discovery Period
Except in complex cases, Judge Brody will allow 90 to 120 days for discovery. She will grant
additional time if necessary upon request.
2. Discovery Conferences and Dispute Resolution
Judge Brody expects the parties to resolve discovery disputes on their own. If they cannot, she
will hold a telephone conference or an in-chambers conference, depending on the number of
counsel and issues. Judge Brody requires that all discovery disputes be addressed by motion. At
the discretion of counsel, however, a letter designated as a motion may be appropriate.
3. Confidentiality Agreements
The parties may enter into private confidentiality agreements. However, Judge Brody will not
approve and/or adopt the parties’ confidentiality agreement as an Order of the Court.
4. Expert Witnesses
Counsel should arrange for the exchange of written expert reports without the assistance of the
court. Judge Brody will permit counsel to depose experts when appropriate. Furthermore, Judge
Brody expects that counsel will identify expert witnesses well in advance of trial, and that the
parties will videotape the deposition of any expert who will be unavailable at trial.
General Motions Practice
1. Filing of Motions
As explained earlier, all requests, except those that are urgent, must be filed as motions. Formal
motion formatting is not always necessary; a letter filed as a motion and a letter filed as a
response may be appropriate.
2. Length of Briefs and Memoranda
Briefs or memoranda of law filed with the court must not exceed 35 pages unless otherwise
authorized by the court. Shorter briefs and memoranda are recommended.
3. Naming of Responses and Replies to Motions
Particularly in complex cases with multiple parties and dispositive motions, Judge Brody
encourages parties to title motions and responses in a logical and helpful manner by including
both descriptive titles and docket entry numbers. For example: “Response to Plaintiff’s Motion #
35 (Res Judicata) and Motion # 42 (Statute of Limitations)” and “Reply in Support of Plaintiff’s
Motion # 35 (Res Judicata) and Motion # 42 (Statute of Limitations).”
4. Reply and Surreply Briefs
Although sometimes unnecessary, replies are automatically allowed for all motions, and a party
need not seek leave to file a reply. For a Rule 56 motion, a surreply is automatically allowed. For
all other motions, surreply briefs are discouraged and a party must move for leave to file a
surreply.
When no order or applicable rule imposes a deadline for filing a reply or surreply brief, the
deadline for filing a reply or surreply is 10 days after the filing of an opposing party’s brief.
6. Motions for Summary Judgment
All summary judgment motions and responses must contain a statement of undisputed and
disputed facts with citations to the record, including to the specific exhibit, page, and line
number.
In all cases, a party is granted 21 days to file a response in opposition to a motion for summary
judgment and 10 days to file a reply or surreply.
7. Oral Arguments and Evidentiary Hearings
Judge Brody will hold oral argument if she believes it will assist her in deciding the motion.
Judge Brody will also consider requests from counsel to hold oral argument on a particular
motion. The law clerk assigned to the case, in conjunction with the Judge’s secretary/civil
deputy, handles scheduling for oral arguments and evidentiary hearings. Unless the parties
arrange for more time in advance, counsel should assume a 20 minute limit.
Injunctions
1. Scheduling and Expedited Discovery
When a temporary restraining order is requested, Judge Brody will schedule a conference to
decide the TRO as soon as possible. Unless the urgency of the circumstances precludes notice to
opposing counsel, Judge Brody requires all counsel to be present. Judge Brody schedules
preliminary and permanent injunction hearings as soon as possible and combines the two
hearings if feasible. Usually, she permits expedited discovery for injunctive matters.
2. Proposed Findings of Fact and Conclusions of Law
Judge Brody may require submission of proposed findings of fact and conclusions of law.
Scheduling of Trial
1. Scheduling Conflicts
Judge Brody prefers counsel to notify her by letter concerning professional and personal
scheduling conflicts affecting the trial schedule. If absolutely necessary, counsel may contact
Judge Brody’s secretary/civil deputy by telephone and then confirm the request in writing.
2. Cases Involving Out-of-Town Parties or Witnesses
Judge Brody rarely changes her trial schedule for the convenience of out-of-town parties or
witnesses; however, she will consider special requests that are brought to her attention before the
case is set for trial.
Trial Procedure
1. Trial Scheduling Order
In an order setting the date for trial, Judge Brody will also schedule a final pretrial conference
and settlement conference. In all cases, the parties must submit pretrial memoranda in
accordance with Local Rule 16.1. In jury cases, the parties must also submit voir dire questions,
proposed jury instructions, proposed verdict sheets, and motions in limine. In non-jury cases, the
parties must also submit separate trial memoranda and motions in limine. In preparation for a
final pretrial conference, Judge Brody expects counsel to communicate with each other on a
number of matters, including objections to exhibits, expert depositions, and stipulations. The
parties must submit prior to the final pretrial conference any exhibits that are in dispute.
2. Pretrial Memoranda
Judge Brody requires that parties submit pretrial memoranda. The trial scheduling order
provides instructions on the information the parties must include in their memoranda.
3. Trial Memoranda
In non-jury cases, Judge Brody requires that parties submit separate trial memoranda that address
important legal issues and include citation to legal authority.
4. Motions In Limine
Judge Brody expects all issues that can be anticipated prior to trial to be raised in motions in
limine. Motions in limine should be accompanied by memoranda and will usually be addressed
at the final pretrial conference. Judge Brody may, however, defer ruling on motions in limine
until trial.
5. Voir Dire
In civil cases, Judge Brody permits counsel to conduct the voir dire in her presence; however,
proposed voir dire should not exceed 15 questions. Initial questioning is limited to the questions
that are submitted.
6. Jury Instructions
The parties must file their proposed jury instructions on ECF and email a copy of them as an
attachment in Microsoft Word format to the law clerk assigned to the case. Normally, Judge
Brody will distribute a copy of her proposed charge early in the trial, and then conduct a
conference to review the proposed charge, including any critiques from counsel on substantive
issues. If a new issue arises, Judge Brody will permit submission of supplemental jury
instructions up until the close of evidence. It is Judge Brody’s usual practice to distribute to all
counsel a written copy of the final version of the charge before closing arguments.
7. Verdict Sheets
Counsel are required to submit proposed verdict sheets and any special interrogatories.
8. Exhibits
Judge Brody requires that exhibits be marked and exchanged prior to trial. Judge Brody
encourages the use of computerized and other electronic devices to present evidence.
9. Disputes over Videotaped Testimony
Objections to videotaped testimony should be submitted before the final pretrial conference. A
transcript of the testimony should also be provided.
10. Offers of Proof
All offers of proof as to the testimony of witnesses or the admissibility of documents must be
raised and addressed at the final pretrial conference if possible. If other evidentiary issues arise
and an offer of proof is necessary, counsel will usually be called to side bar.
11. Use of Multiple Attorneys During Trial
During the trial, each party may have different attorneys examine witnesses and argue legal
points. Each party may not, however, use more than one attorney to examine a particular witness
or argue a specific legal point.
12. Note-Taking by Jurors
Judge Brody decides whether note-taking will be permitted on a case by case basis, taking into
consideration requests from counsel or from the jurors.
13. Opening Statements and Summations
Generally, Judge Brody will not impose time limits on opening statements or summations and
does not require use of the lectern. Judge Brody expects counsel to refrain from objecting during
closing argument if the objection can wait until counsel has finished. If an objection is necessary,
it should be stated softly and will usually be ruled upon at the conclusion of the summation.
Judge Brody may, if requested, cure the objectionable statement in her charge.
14. Side Bars
Judge Brody permits side bar conferences during trial to address matters that were unanticipated
prior to trial. To the extent possible, counsel are directed to raise potential issues prior to trial to
ensure that side bars are kept to a minimum.
15. Examination of Witnesses Out of Sequence
Judge Brody makes every effort to accommodate counsel regarding the scheduling of witnesses.
Depending upon the circumstances, Judge Brody may permit counsel to take the testimony of a
witness out of turn.
16. Examination of Witnesses Beyond Redirect and Recross
Upon request, Judge Brody may permit further examination of a witness after redirect or recross
has been completed.
17. Reading of Material into the Record
Judge Brody has no overall practice or policy on reading stipulations, pleadings, or discovery
materials into the record and will consider the preference of counsel.
18. Offering Exhibits into Evidence
Unless otherwise necessary, counsel may wait until the close of his or her case to move for the
admission of exhibits.
19. Directed Verdict Motions
Counsel may move for a directed verdict either orally or in writing. Judge Brody usually
conducts oral argument on such a motion.
20. Proposed Findings of Fact and Conclusions of Law
In non-jury cases, after trial, Judge Brody requires submission of proposed findings of fact and
conclusions of law that include citations to the notes of testimony.
Jury Deliberations
1. Written Jury Instructions
Judge Brody does not routinely give the jury a copy of her instructions; however, if requested by
counsel or the jury, she will consider doing so.
2. Exhibits in the Jury Room
Counsel are instructed to confer as to which exhibits should go out with the jury. Judge Brody
will rule upon disputed exhibits.
3. Handling of Jury Requests to Read Back Testimony or Replay Tapes
Judge Brody will evaluate jury requests to play back portions of recorded or videotaped
testimony on a case by case basis.
4. Availability of Counsel During Jury Deliberations
Judge Brody permits counsel to leave the courthouse during deliberations but expects them to be
available by telephone and remain close to the courthouse.
5. Taking the Verdict and Special Interrogatories
The courtroom deputy usually takes the verdict.
6. Polling the Jury
Judge Brody will ask the courtroom deputy to poll the jury upon request.
7. Interviewing the Jurors
After the verdict has been recorded and the jury discharged, Judge Brody permits counsel to
speak with the jurors. Judge Brody advises the jurors that they are permitted to speak with
counsel, but instructs them that it is their personal choice and that they are not required to do so.
All counsel are expected to respect each juror’s choice in this regard.
CRIMINAL CASES
1. Generally
The above procedures set forth for civil cases apply, unless special procedures are set forth
below.
2. Voir Dire
Judge Brody conducts the entire voir dire but receives proposed questions. After voir dire,
individual jurors will be called to side bar to respond to any unanswered questions or for further
questioning by Judge Brody or counsel. Counsel are advised to listen carefully to Judge Brody’s
instructions at the final pretrial conference on how voir dire will be conducted.
3. Suppression Motions
When a suppression motion is filed, Judge Brody requires that parties submit tentative proposed
findings of fact and conclusions of law in advance of the suppression hearing. After the hearing,
Judge Brody may also require the parties to submit amended proposed findings of fact and
conclusions of law with citation to the notes of testimony if feasible.
4. Sentencing Memoranda
Judge Brody expects the submission of sentencing memoranda by both the government and the
defendant well in advance of the sentencing.
