UNITED STATES DISTRICT COURT
Eastern District of Pennsylvania
JUDGE SAVAGE=S PROCEDURES
IN CRIMINAL CASES
1. Oral Argument and Motions
Judge Savage will grant oral argument on motions if he believes it will assist him in
deciding the motions. He 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. Voir Dire
Judge Savage conducts voir dire in criminal cases. Counsel may submit
proposed voir dire questions.
5. 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
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.
6. 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.
7. 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.
8. 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.
9. Sentencing Memoranda
Judge Savage 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 9614) 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,
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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