Honorable R. Barclay Surrick
United States District Judge
United States Courthouse
601 Market Street, Room 8614
Philadelphia, Pennsylvania 19106
Staff Contacts
Courtroom Deputy: Patrick Kelly (267) 299-7639
Civil Deputy/Secretary: Tashia Reynolds (267) 299-7631
POLICIES AND PROCEDURES
1. Correspondence With the Court
Judge Surrick permits correspondence with the Court so long as the initiating attorney has
discussed his or her request with other counsel.
2. Communication with Law Clerks
Judge Surrick permits communication with law clerks concerning administrative aspects
of the case. Counsel may not communicate with the law clerks on the merits of any case, and
law clerks are not permitted to render advice to counsel and have no authority to grant
continuances or to speak on behalf of the Court.
3. Telephone Conferences
Judge Surrick will handle disputes concerning discovery, scheduling, and requests for
extensions of time by telephone conference. Prior to requesting a telephone conference, counsel
should discuss the dispute with other counsel and send Judge Surrick a letter setting forth his or
her position and the position of opposing counsel.
4. Oral Arguments and Evidentiary Hearings
Judge Surrick will determine whether to schedule oral argument or an evidentiary hearing
on a case by case basis. If counsel prefer either oral argument or an evidentiary hearing, they
should request it by letter. Judge Surrick does not set aside any certain days or times for oral
arguments or evidentiary hearings.
5. Pro Hac Vice Admissions
Judge Surrick does not have a preference as to how counsel should submit a pro hac vice
motion to the Court. He will usually grant the motion if it is unopposed.
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CIVIL CASES
Pretrial Procedure
1. Pretrial Conferences
Judge Surrick regularly conducts pretrial conferences. Judge Surrick=s Civil Deputy will
initiate the scheduling of an initial pretrial conference. All pretrial conferences are held in
Chambers. Judge Surrick uses a standard pretrial order to notify counsel of the conference.
The regular agenda topics at an initial pretrial conference include: pleadings, service, joinder,
settlement, jurisdictional defects, and the setting of discovery deadlines and a trial date. Judge
Surrick uses a standard scheduling order pursuant to Rule 16, which is issued after the initial
pretrial conference.
Judge Surrick will conduct settlement conferences if requested by all parties. Magistrate
Judge Lynne A. Sitarski is Judge Surrick=s assigned magistrate, and she will also conduct
settlement conferences upon request of all parties.
Continuances and Extensions
1. General Policy
Judge Surrick has a general policy of adhering to originally scheduled dates unless a
compelling reason is presented that justifies a change. This policy applies to briefing schedules,
oral arguments, evidentiary hearings, pretrial conferences, discovery deadlines, and trial dates.
2. Requests for Extensions and Continuances
Counsel should advise Judge Surrick immediately, and before the date has run, of any
compelling reason which justifies an extension or continuance of any originally scheduled date.
Requests for continuances are preferably made by letter, setting forth the reasons and noting the
agreement or disagreement of all other counsel. Original stipulations are to be submitted to
chambers. Upon approval, the stipulation will be electronically filed. Requests may also be
communicated by telephone conference with all counsel participating.
General Motion Practice
1. Oral Argument on Motions
Judge Surrick may schedule oral argument on motions when it is requested by counsel.
Oral argument will be scheduled when Judge Surrick believes oral argument will be helpful in
the decision-making process.
2. Reply and Surreply Briefs
Reply and surreply briefs should be filed only when absolutely necessary and only in
circumstances where the parties wish to draw Judge Surrick=s attention to controlling authority
not previously cited by the parties.
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3. Chambers Copies of Motion Papers
Judge Surrick requests that copies of motion papers be sent to Chambers when the
original is not wholly filed (with exhibits) on the ECF system and when the motion paper
exceeds 50 pages.
Discovery Matters
1. Length of Discovery Period
In non-complex litigation, Judge Surrick regularly allows 120 days to complete discovery,
which is measured from the entry of appearances by defense counsel. If counsel have been
diligent and genuinely require additional time for discovery, Judge Surrick will usually grant
additional time. In arbitration cases, discovery must be completed prior to the arbitration date.
2. Discovery Conferences and Dispute Resolution
The parties should make every effort to resolve discovery disputes without Judge
Surrick=s assistance. In the event that Judge Surrick decides that a conference is necessary, the
conference will be held by telephone or in Chambers. In the event that the discovery dispute is
complex, a motion should be filed.
3. Confidentiality Agreements
In the event that a confidentiality agreement is necessary, Judge Surrick prefers that
counsel submit a stipulated order for consideration along with a memorandum setting forth
proposed findings to meet the requirements of Pansy v. Borough of Stroudsburg, 23 F3.d 772 (3d
Cir. 1994).
4. Expert Witnesses
Expert witness discovery is covered at the pretrial conference and is the subject of part of
the scheduling order. In most cases, the plaintiff must serve expert reports and/or responses
before the defendant. Generally, all expert witness discovery must be completed by the time all
other discovery is completed.
Settlement
1. General Approach to Settlement and Non-jury Cases
Judge Surrick believes that the Court=s involvement in settlement conferences is generally
helpful. At the request of all counsel in a jury case, a settlement conference will be scheduled
before Judge Surrick or a Magistrate Judge. Settlement conferences in non-jury cases are
referred a Magistrate Judge.
2. Referral of Settlement Negotiations to Another District Court Judge
Judge Surrick will not refer settlement negotiations to another District Court Judge unless
the parties present a compelling reason to do so and the Judge to whom negotiations are to be
referred consents.
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Arbitration
1. General Approach to Arbitration Cases
Judge Surrick normally does not hold pretrial conferences nor does he issue scheduling
orders in arbitration cases.
2. Scheduling of Trial De Novo from Arbitration
Upon demand for trial de novo after an arbitration award, the case will be scheduled for
trial immediately. Judge Surrick=s Civil Deputy will clear trial dates with counsel, and Judge
Surrick will then issue a scheduling order setting deadlines for the parties pretrial memorandum.
Injunctions
1. Scheduling and Expedited Discovery
Judge Surrick will promptly list any injunction matters assigned to him for a hearing. In
appropriate cases, Judge Surrick will require expedited discovery.
When plaintiff requests a temporary restraining order, plaintiff=s counsel should contact
Judge Surrick=s Civil Deputy for a conference date and serve the motion, complaint and notice of
the conference date upon the opposing party and counsel prior thereto unless, for good cause
shown, this is impossible.
2. Proposed Findings of Fact and Conclusions of Law
Judge Surrick requires submission of proposed findings of fact and conclusions of law in
injunction cases as early as possible.
Trial Procedure
1. Scheduling of Cases
Judge Surrick schedules cases for a date certain. Complex, multi-party cases are
specially listed.
2. Conflicts of Counsel
Counsel should notify Judge Surrick of any professional or personal conflicts affecting
the trial schedule by telephone or in writing. Opposing counsel must also be notified promptly.
3. Cases Involving Out-of-Town Parties or Witnesses
Trial scheduling by Judge Surrick is not generally affected by the presence of out-of-town
parties or witnesses. Judge Surrick leaves the scheduling of witnesses to counsel.
4. Note Taking by Jurors
Judge Surrick permits note taking by jurors in complicated cases and in other cases in
which it is deemed appropriate.
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5. Trial Briefs
Judge Surrick encourages the submission of trial briefs in all cases.
6. Voir Dire
Judge Surrick sets a date for the submission of voir dire questions by scheduling order.
In civil cases, Judge Surrick may conduct the voir dire, or the attorneys may conduct voir dire out
of the presence of Judge Surrick. This will be discussed at the final pretrial conference.
7. Side Bars
Judge Surrick permits side-bar conferences, but limits them if they become a distraction
or interrupt the flow of the trial.
8. In Limine Motions
In limine motions should be presented in sufficient time so that they can be considered in
advance of trial. Routine in limine motions will ordinarily be disposed of on the first day of trial
or during the course of the trial.
9. Examination of Witnesses Out of Sequence
Judge Surrick will generally grant a request by counsel to take the testimony of a witness
out of turn for the convenience of the witness subject to objection by opposing counsel.
10. Opening Statements and Summations
No time limits are placed on opening statements or summations by counsel. However,
Judge Surrick believes that thirty (30) to forty-five (45) minutes is usually adequate for an
opening and thirty (30) to forty-five (45) minutes is usually adequate for a summation in routine
cases.
11. Offers of Proof
Judge Surrick requires that parties inquire of each other privately as to offers of proof
regarding any witness or exhibit expected to be offered. If counsel cannot resolve such matters,
Judge Surrick will rule on them upon application before a witness testifies or an exhibit is
offered into evidence.
12. Examination of Witnesses or Argument by More Than One Attorney
More than one attorney for a party may examine different witnesses or argue different
legal points before Judge Surrick. Ordinarily, more than one attorney for a party may not
examine a single witness or argue the same legal point.
13. Examination of Witnesses Beyond Redirect or Recross
Judge Surrick has no general policy regarding further examination of a witness after
redirect or recross has been completed. Where appropriate, he will allow it.
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14. Videotaped Testimony
Judge Surrick requires that a list of all objections to videotaped trial testimony and a
copy of the transcript be submitted to the Court well in advance of the offering of such evidence.
The videotape should then be edited to eliminate pauses and speed-ups to the maximum extent
such final editing is possible. Videotape playback equipment should be brought into the
courtroom at the beginning of the morning or afternoon session at which the videotape will be
played. It should not block the view of counsel or the jury when not in use.
15. Reading of Material into the Record
Judge Surrick does not have a special practice or policy regarding the reading of
stipulations, pleadings, or discovery material into the record. He permits it when appropriate.
16. Preparation of Exhibits
Judge Surrick requires that exhibits be pre-marked and pre-exchanged. A bench copy of
trial exhibits should be provided to the Court on the first day of trial. The trial exhibits should
be accompanied by an exhibit list which describes each exhibit.
17. Offering of Exhibits into Evidence
Judge Surrick permits counsel to choose the timing of their offer of exhibits into evidence
so long as each exhibit is offered and admitted into evidence before it is shown to the jury. At
the conclusion of a party=s case-in-chief, counsel should make sure that all exhibits intended to be
offered into evidence either have been or are offered into evidence.
18. Motions for Judgment as a Matter of Law and Motions for Judgment on Partial
Findings
Motions for judgment as a matter of law and motions for judgment on partial findings
may be either oral or written. Oral argument will be permitted if counsel request it.
19. Proposed Jury Instructions and Verdict Forms
Judge Surrick requires proposed jury instructions and verdict forms to be filed with the
Clerk and a courtesy copy to be sent to Chambers. He sets the deadline for submissions by
scheduling order. Judge Surrick will permit submission of supplemental jury instructions up to
the time he charges the jury.
20. Proposed Findings of Fact and Conclusions of Law
Judge Surrick requires that proposed findings of fact and conclusions of law be filed with
the Clerk and that a courtesy copy be sent to Chambers. He sets the deadline for submissions by
scheduling order.
Jury Deliberations
1. Written Jury Instructions
Judge Surrick does not give the jury a copy of the written jury instructions, but may do so
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in an appropriate case.
2. Exhibits in the Jury Room
After the close of the charge, counsel will review the exhibits and to the extent possible
reach agreement on which exhibits will go out to the jury. Any disputes will be resolved by
Judge Surrick.
3. Jury Requests to Read Back Testimony or Replay Tapes
If the jury requests that testimony be read back or that tapes be replayed, Judge Surrick
will confer with counsel with regard to the jury=s request. Such requests are not granted as a
matter of course.
4. Availability of Counsel During Jury Deliberations
Judge Surrick requires that counsel be available on ten (10) minutes notice during the jury
deliberations.
5. Verdict and Special Interrogatories
The Courtroom Deputy will take the verdict. Special interrogatories are submitted to the
jury in most civil cases.
6. Polling the Jury
Judge Surrick will permit polling the jury when requested. Polling of the jury is allowed
in all criminal cases.
7. Interviewing the Jury
After a verdict has been recorded and a jury has been discharged, counsel may interview
jurors. The jurors are told that they are permitted to talk to counsel and others, if they desire, but
they do not need to do so.
CRIMINAL CASES
1. Oral Argument on Motions
Judge Surrick will allow oral argument on motions in a criminal case upon the request of
counsel.
2. Pretrial Conferences
Judge Surrick will hold pretrial conferences only in complex criminal cases.
3. Voir Dire
Judge Surrick conducts voir dire in criminal cases.
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