UNITED STATES DISTRICT COURT
Eastern District of Pennsylvania
JUDGE SLOMSKY’S PROCEDURES
IN CRIMINAL CASES
Updated December 2009
1. Oral Argument and Motions
Judge Slomsky will grant oral argument on motions if he believes it will assist him
in deciding the motions. He usually considers and decides motions in limine prior to trial.
2. Pretrial Conferences
Pretrial conferences in criminal cases are held only in complex cases or those
involving several attorneys.
3. Pretrial Hearings
Suppression, Starks and Daubert hearings are typically held at least two weeks prior
to trial. The government is required to file proposed findings of fact and conclusions of law
prior to the commencement of the hearing. The parties may request leave to supplement
proposed findings of fact after the hearing.
4. Continuances
In all criminal cases, before a continuance will be granted, Defense Counsel must
obtain Defendant’s written consent to a continuance. Such consent shall be given by using
the Court’s Speedy Trial Act Acknowledgment of Rights form. This form must be signed
by Defendant and docketed before any continuance shall issue.
5. Voir Dire
Judge Slomsky conducts voir dire in criminal cases. Counsel may submit proposed
voir dire questions.
6. Proposed Jury Instructions and Verdict Forms
Each party must submit to the Court and serve on opposing counsel proposed
points for charge and any proposed jury interrogatories no later than seven days prior to
the trial date. Each point for charge and proposed jury interrogatory shall be numbered
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and on a separate sheet of paper identifying the name of the requesting party. Each
proposed instruction must be submitted with authority. If a model jury instruction is used,
the party submitting it shall state whether the proposed instruction is unchanged or
modified. If a party modifies a model instruction, additions shall be underlined and
deletions shall be placed in brackets.
7. Trial Memorandum
At least one week prior to the trial date, the government must file a trial
memorandum setting forth the essential elements of the offenses, the facts which it intends
to present, the identity of each witness it intends to call, a statement of the substance of
each witness’ testimony and any legal issues. The defendant is not required to file a trial
memorandum but may do so.
8. Guilty Plea Memorandum
The government must submit a guilty plea memorandum at least two days prior to
the change of plea hearing. The memorandum shall include the elements of each offense
to which the defendant is pleading guilty and legal citations for the elements, the maximum
statutory penalties for each offense, the terms of any plea agreement and the factual basis
for the plea.
9. Motions for Downward Departure
A motion for downward departure, except a motion filed under § 5K1.1 of the United
States Sentencing Guidelines, must be filed two weeks prior to the sentencing date. The
motion should include legal and factual support for the proposed departure. A government
motion pursuant to § 5K1.1 must be filed at least one week before sentencing.
10. Sentencing Memoranda
Judge Slomsky requires the submission of sentencing memoranda by both the
government and the defendant no later than one week before sentencing. The
memorandum must set forth any legal authority relied upon by the party. One copy of each
sentencing memorandum, motion and response shall be served on the opposing party, the
Court (Chambers, Room 4000) and the United States Probation Office when the original
is filed.
If a defendant is responsible for restitution, the government must submit sufficient
information in its sentencing memorandum to enable the Court to determine entitlement,
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the name and the address of each victim, the amount of loss for each victim, and
documentary support for each amount. If liability for restitution is joint and several, the
government shall itemize the restitution amount for which each defendant is responsible.
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