UNITED STATES DISTRICT COURT
Eastern District of Pennsylvania
JUDGE SLOMSKY’S COURTROOM AND TRIAL PROCEDURES
Updated December 2009
1. Scheduling of Cases
The Scheduling Order will set a date certain for trial or the date when the case will
be placed in the trial pool. For cases in the trial pool, counsel shall be prepared to
commence trial upon 48 hours notice.
2. Voir Dire
Counsel must discuss voir dire questions and resolve any differences before the
panel is brought to the courtroom. If they cannot agree, counsel must advise the deputy
clerk that the judge must rule upon the disputed issues. Judge Slomsky permits counsel
to conduct voir dire in civil cases. There is generally a time limit of thirty (30) minutes for
each side for voir dire. Judge Slomsky conducts voir dire in criminal cases.
3. Trial Objections and Sidebars
Sidebar conferences are discouraged and are rarely permitted. Only unanticipated
issues will necessitate a sidebar conference.
Judge Slomsky does not permit speaking objections. Objections shall be made by
reciting the appropriate rule number or a one word basis.
4. Motions in Limine
Motions in limine must be filed by the deadline set in the Scheduling Order. Judge
Slomsky will usually rule upon such motions before or at the final pretrial conference.
5. Examination of Witnesses Out of Sequence
The Court will permit counsel to examine his/her own witnesses out of turn for the
convenience of a witness.
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6. Opening Statements and Summations
Judge Slomsky usually does not place a time limit on opening statements and
summations. However, depending upon the issues in the case and the length of the trial,
he may suggest time limits. He will discuss the time needed with counsel.
Rebuttal should not take more than five minutes and must not be a rehashing of
counsel’s closing argument.
7. Examination of Witnesses by More Than One Attorney
Only one attorney for a party may examine the same witness or argue the same legal
point. More than one attorney for a party may examine different witnesses or argue different
legal points.
8. Examination of Witnesses Beyond Redirect and Recross
The Court will permit limited re-cross examination on matters not previously covered
by cross examination or in special circumstances.
9. Offers of Proof
Counsel should discuss privately any evidentiary issue that may have been
unanticipated. Only after they have been unable to reach agreement, should counsel bring
the matter to the deputy clerk’s attention at the beginning of the day or during an
appropriate break when the jury is not present.
10. Videotaped Testimony
Counsel must discuss in advance of trial all objections to the presentation of
videotaped testimony to resolve all conflicts. If counsel cannot resolve their disagreements,
they should present any outstanding disagreements at least ten days prior to the final
pretrial conference by providing a transcript of the testimony with the challenged question
and answer highlighted, and a list setting forth each objection by page and line numbers
and the basis for the objection.
The videotape must be edited prior to trial to eliminate pauses and speed-ups so
there are no interruptions. Counsel should check with the deputy clerk to determine whether
the courtroom is equipped for playback or whether counsel must provide playback
equipment.
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11. Reading of Material into the Record
Judge Slomsky has no special practice or policy for reading stipulations, pleadings
or discovery material into the record. Reading of material into the record may be done in a
manner agreed upon by Judge Slomsky and counsel.
12. Preparation of Exhibits
At the final pretrial conference, the parties shall provide the Court with one copy of
each exhibit and three copies of a schedule of exhibits which shall briefly describe each
exhibit. At the trial, the parties shall provide the Court with two copies of each exhibit.
Exhibits shall be arranged and tabbed in a single three ring binder containing all exhibits
numbered consecutively.
13. Lay Witness Opinion
Any party expecting to offer lay opinion testimony pursuant to Federal Rule of
Evidence 701 regarding issues of liability or damages shall provide the opposing parties
with information or documents supporting the testimony at the time required for submission
of expert reports.
14. Offering Exhibits into Evidence
Exhibits are to be placed in evidence during testimony, at a convenient time during
a party’s case-in-chief, or at the close of each party’s case-in-chief. If the latter, counsel
should review the exhibits in advance so that agreed upon exhibits can be admitted quickly
and disputed exhibits ruled upon at a time that will not impose on the jury.
Exhibits may be published to the jury at the end of the party’s examination of the
witness or prior to a break. If the exhibit is necessary to explain the testimony, Judge
Slomsky may permit it to be published during the testimony. Ordinarily, permission should
be sought prior to the witness taking the stand.
15. Motions for Judgment as a Matter of Law
Motions for judgment as a matter of law and motions for judgment on partial findings
may be oral or written. Oral argument will be permitted if counsel request it.
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16. Proposed Jury Instructions and Verdict Forms
Counsel must meet and discuss proposed jury instructions and verdict forms for the
purpose of submitting agreed upon jury instructions and verdict forms. The proposed
instructions should cover only the substantive issues regarding the elements of each cause
of action and each defense. Basic instructions, such as the burden of proof, credibility and
procedure, should not be submitted.
Counsel are expected to cooperate in the preparation of the joint proposed
instructions. Failure to cooperate in the process will result in the imposition of sanctions.
Submitting a proposed point does not constitute a waiver of objection. Counsel are
instructed to work on proposed instructions regardless of counsel’s position with respect to
a point’s applicability. If the Court sustains an objection to a particular instruction, it will not
be submitted to the jury. Objections to jointly submitted points will be discussed and ruled
upon at the charging conference.
If counsel cannot agree, proposed alternative instructions must be submitted with
authority for each instruction. 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. Counsel
shall also submit proposed jury instructions and verdict forms on a disk in WordPerfect
format.
17. Proposed Findings of Fact and Conclusions of Law
In a non-jury trial, counsel shall submit findings of fact and conclusions of law upon
which they agree. In addition, each party shall submit any additional proposed findings of
fact and conclusions of law for the consideration of the Court.
Proposed findings of fact and conclusions of law in a non-jury trial should be
submitted at least seven (7) days before the trial or trial pool date. They should be on hard
copy and on a disk in WordPerfect format. The parties may submit revised or supplemental
findings of fact and conclusions of law with specific reference to trial evidence at the
conclusion of the case. A schedule for the submission of revised findings/conclusions will
be discussed at the conclusion of trial.
18. Juror Notetaking
As a general rule, Judge Slomsky does not allow the jury to take notes. In an
appropriate case, he may permit notetaking.
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19. Written Jury Instructions
Judge Slomsky does not give the jury a copy of the written jury instructions. However,
he may do so in an appropriate case.
20. Exhibits in the Jury Room
After the jury has retired to deliberate, counsel shall review the exhibits to determine
which exhibits will go out with the jury. If counsel cannot agree, they should request a ruling
immediately after the jury retires to the deliberations room.
21. Handling of Jury Request to Read Back Testimony
Judge Slomsky will advise the jury that testimony is usually not in transcript form to
give them. However, if a transcript is available, he will consider having appropriate portions
read if requested by the jury. He may allow tapes and videotapes to be replayed to the
extent necessary.
22. Availability of Counsel During Jury Deliberations
Counsel must be available upon fifteen (15) minutes notice during jury deliberations.
As a practical matter, this means that counsel must stay in or near the courthouse. Counsel
must leave their office and cell phone numbers with the deputy clerk.
23. Taking the Verdict and Special Interrogatories
Judge Slomsky has no general practice for taking a special or general verdict. He
usually submits interrogatories to the jury in civil cases. The courtroom deputy will take the
verdict in the presence of the Court, counsel and the parties.
24. Polling the Jury
Judge Slomsky has no standard practice for polling the jury. He generally allows it
if requested.
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25. Interviewing the Jury
After a verdict has been recorded and the 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 need not do so. Counsel shall respect the jurors’ desire not to speak
to them. Counsel is not permitted to disclose facts to the jury that were previously excluded
by evidentiary rulings or would undermine the jury’s confidence in its verdict.
26. Courtroom Decorum and Professionalism
Judge Slomsky will insist on punctuality and courtesy from counsel to the Court and
to each other, both in the presence of the Court and otherwise. The examination of
witnesses should be conducted from the lectern or from counsel table. Counsel should rise
to address the Court and should seek permission of the Court before approaching
witnesses or the bench. In addition, counsel will direct all comments to the Court or to the
witness under examination and not to other counsel or to the jury. Counsel are reminded
that their own opinions regarding facts or issues in a case are irrelevant and should not be
communicated to the jury (e.g., “I think . . ., we believe . . .”). To the extent possible, the
parties should notify the Court of any issues that will need to be ruled upon at the start of
the day’s proceedings, or during a recess out of the jury’s presence. Unless leave is
otherwise given, counsel shall make opening statements and closing arguments from the
lectern and shall speak into the microphone.
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