HONORABLE SCOTT W. REID
United States Magistrate Judge
James A. Byrne U.S. Courthouse 601
Market Street, Room 3000
Philadelphia, PA 19106
Courtroom 3C
[email protected]
Courtroom Deputy:
Ian Broderick
267-299-7640
JUDGE REID’S POLICIES AND PROCEDURES
I. PRELIMINARY GENERAL MATTERS
A. Correspondence with the Court
Judge Reid permits correspondence from counsel on any matters as
long as all other counsel in the matter are sent copies of such
correspondence. Judge Reid sometimes permits letter motions in
lieu of formal motions.
B. Communications with Law Clerks
Judge Reid permits counsel to communicate with his courtroom
deputy and law clerks on scheduling and administrative matters,
but never on the merits of a case.
C. Confidentiality Agreements
Judge Reid will approve confidentiality or sealing orders for good
cause shown. See Pansy v Borough of Stroudsburg, 23 F.3d 772
(3d Cir. 1994). Such orders must contain this language: “the Court
retains the right to allow disclosure of any subject covered by this
stipulation or to modify this stipulation at any time in the interest
of justice.”
D. Telephone Conferences
Judge Reid prefers that counsel come to chambers for all
conferences. Telephone conferences may be utilized, however, for
matters such as scheduling changes, extensions of time and routine
discovery disputes, it will be the responsibility of all counsel
seeking relief to initiate any such conference by contacting the
Judge’s courtroom deputy, Ian Broderick.
E. Oral Arguments and Evidentiary Hearings
Oral arguments and evidentiary hearings may be scheduled
through Judge Reid’s courtroom deputy. All reasonable efforts will
be made to accommodate the schedules of counsel.
F. Pro Hac Vice Admissions
Judge Reid will permit oral motions for pro hac vice admissions on
the day that the attorney to be admitted first appears. On or before
the date of the non-admitted attorney’s first appearance, counsel
must prepare an appropriate Order to memorialize the pro hac vice
admission.
G. Use of Artificial Intelligence
If any attorney for a party, or a pro se party (in both civil and criminal cases), has used
generative Artificial Intelligence (“AI”)—including but not limited to ChatGPT, Gemini,
Claude, or any other program that uses machine learning to create new content—in a
citation of any legal authority filed with the Court, and assigned or referred to Judge Scott
W. Reid, then they MUST, in a clear and plain factual statement, disclose that generative
AI has been used to assist with the citation of legal authority, disclose what specific
generative AI program was used, and CERTIFY that each and every citation of legal
authority has been verified as accurate.
II. CIVIL CASES
A. Pretrial Procedure
Judge Reid will schedule status conferences, settlement
conferences and final pretrial conferences as required by the
circumstance of each particular case. Judge Reid will work with
counsel in the scheduling of either telephone conferences or
conferences in chambers to resolve any issues that may arise
during the progress of the case. Judge Reid does expect, however,
that counsel will make all good faith efforts to resolve any disputed
matter between themselves before seeking involvement of the
Court. Counsel are expected to be mindful of the mandate of
Federal Rule of Civil Procedure 1 that the procedural rules “should
be construed, administered, and employed by the court and the
parties to secure the just, speedy, and inexpensive determination of
every action and proceeding.”
B. Continuances and Extensions
Because counsel will have substantial input in the setting of dates
in the Rule 16 Order, Judge Reid expects counsel to comply with
the dates set out in that Order. Extensions will be entertained upon
a good cause showing that circumstances beyond the reasonable
expectation of counsel have hampered the progress of the case.
Judge Reid requires a letter brief requesting an extension. In most
cases, extensions will only be considered after a conference with
the Judge.
C. General Motions Practice
Except as described below, motion practice is governed by Local
Rule 7.1.
1. Every assertion of fact in a memorandum must be supported by
a citation to the record where that fact may be found. Both
legal citations and citations to the record must include pinpoint
cites.
2. Memoranda must not exceed twenty-five (25) pages in length
(excluding table of contents and appendices), must be double
spaced and must use 12-point Times New Roman font.
Memoranda over fifteen (15) pages in length must include a
table of contents and table of authorities.
D. Oral Arguments on Motions
Judge Reid will schedule oral argument on motions if it appears
likely to be helpful to the Court’s resolution of the matter. Counsel
may request oral argument if considered appropriate.
E. Reply and Sur-reply Briefs
Judge Reid will permit reply briefs not to exceed fifteen (15)
pages. Judge Reid will not normally permit sur-reply briefs and
counsel desiring to file a sur-reply must first seek permission of the
Court before such a brief will be accepted.
F. Chambers Copy of Motions Papers
Judge Reid requires a courtesy copy of all motions papers to be
sent directly to Chambers.
G. Discovery Matters
1. Length of Discovery Period and Extensions
Judge Reid normally permits from ninety to one hundred and
twenty days for the completion of discovery; however, he will
consider the informed view of counsel as to the time that will
be required for discovery in a particular case. Additional time
will be allowed in complex cases or upon a specific showing of
need. Judge Reid will also consider staged discovery. He will
encourage that the most essential discovery be undertaken early
in the case so that it will foster early settlement opportunities
and minimize the costs of litigation.
2. Discovery Disputes
Judge Reid expects the parties to resolve discovery disputes
without Court intervention. Should counsel be unable, in good
faith, to resolve their dispute, Judge Reid permits contact with
the Court through his courtroom deputy to set up telephone or
chambers conferences to resolve outstanding issues. The use of
motion practice in discovery matters is discouraged.
3. Expert Witnesses
The parties will identify expert witnesses and provide expert
reports pursuant to the Rule 16 Scheduling Order entered in the
particular case. A failure to do so may bar the use of the
expert’s testimony at trial.
H. Settlement
1. Preliminary Telephone Conference
When a matter is referred to Judge Reid for purposes of
settlement, he will normally hold a preliminary telephone
conference with counsel. At the time of the telephone
conference, counsel will be expected to discuss the status of
settlement discussions (if any) and the timing of the actual face
to face conference. In the interest of streamlining the litigation,
Judge Reid will encourage counsel to participate in settlement
discussions as early as practicable and to stage discovery such
as to facilitate settlement and control costs without contradicting
the referring judge’s Rule 16 requirements.
2. Settlement Conference Memoranda
Judge Reid requires counsel to submit to Chambers a brief
confidential written settlement conference summary, including
an offer/demand, one week before the scheduled conference.
This summary should not exceed five (5) pages, excluding
attachments. The summary is not to be filed with the Clerk’s
Office. Judge Reid requires that counsel exchange the
offer/demand only in advance of the scheduled conference.
3. Demands and Offers
Judge Reid requires plaintiff (and defendant to any affirmative
claim) to set out a written good faith demand prior to the
conference. The defendant (or the other responding party) is
required to respond to that demand in writing. The dates of the
demands and offers will be set out in Judge Reid’s settlement
conference order in each case.
4. Parties Attendance and Participation
Judge Reid requires in-person attendance at the conference by
the parties or the parties’ representatives, with knowledge of the
case and settlement authority. In exceptional circumstances,
Judge Reid will permit that person to participate in the
conference by telephone. Counsel seeking relief must contact
chambers as soon as they are aware of a problem with
attendance.
At the conference, Judge Reid will expect counsel to:
• Be prepared to discuss the weaknesses, as well as, the
strengths of their case.
• Prepare the client. Judge Reid will speak to them
directly.
• Organize and bring critical documents. Judge Reid will
want to see them.
• Attach relevant summary expert reports to the
conference memos. Judge Reid will review them.
• Bring any photographs, sketches, diagrams and charts.
Judge Reid will review them.
• Be patient. Settlement is a process. It takes time.
• Be flexible. Avoid bottom lines or top numbers.
• Be creative.
• Manage their client’s expectations.
• Manage their own expectations.
5. Follow-up Contact
Judge Reid will, if appropriate, continue to work with counsel
after the settlement conference if the matter is not resolved at
the conference.
6. Continuances
Settlement conferences are scheduled by order of the Court and
are not discretionary. Counsel and participants should use all
efforts to be available for this conference. Due to the large
number of cases scheduled for settlement conferences, any need
to reschedule the conference could cause a delay of that
conference for several weeks. For this reason, any continuance
requests should be made within fourteen (14) days of receipt of
the notice scheduling the conference. Continuance requests will
only be granted for the most compelling reasons.
I. Consent
1. Jury Matters
Judge Reid may, after discussion with counsel, conduct his own
settlement conferences utilizing the procedures above. If not
appropriate and if a conference is deemed worthwhile, Judge
Reid will obtain the assistance of another magistrate judge to
assist with settlement discussions.
2. Non-Jury Matters
Judge Reid will not take part in settlement discussions in a non-
jury matter. A settlement conference may, however, be arranged
with another magistrate judge.
3. Arbitration
i. General Approach to Arbitration Cases
Judge Reid has no special practices or procedures for
arbitration cases.
ii. Scheduling Trial De Novo from Arbitration
Judge Reid will schedule trial promptly when a demand
for trial de novo is filed following arbitration.
4. Pretrial Memoranda
Unless specifically provided for by a separate Order, Judge Reid
will require the use of the short form pretrial memorandum
described in Rule 16.1(c) of the Local Rules of Civil Procedure
for the Eastern District of Pennsylvania. In certain cases Judge
Reid may require counsel to stipulate to uncontested facts as
generally set out in Local Rule 16.1(d)(2)(b)(2)(AE).
5. Trial Procedure
i. Scheduling of Cases
Judge Reid’s cases will be specially listed for trial
based upon the Court’s calendar and the availability of
counsel, the parties, experts and critical witnesses.
ii. Conflicts of Counsel
Given the manner of scheduling, conflicts will normally
not occur. Should counsel, however, have a
professional or personal conflict which may affect the
trial schedule, notice should be provided immediately to
opposing counsel and the Court.
iii. Parties or Witnesses
Judge Reid will make all reasonable attempts to
accommodate the schedules and availability of parties,
experts and critical witnesses.
iv. Note taking by Jurors
Judge Reid will consider note taking by jurors on a case
by case basis.
v. Trial Briefs
Judge Reid encourages the submission of trial briefs
when they are necessary or likely to be helpful to the
Court.
vi. Voir Dire
Judge Reid usually permits counsel to conduct all voir
dire.
vii. Sidebar
Judge Reid discourages the use of sidebar conferences.
Counsel are encouraged to raise particular evidentiary
issues before trial or during recesses or adjournments.
viii. In Limine Motions
Judge Reid will accept in limine motions in advance of
the final pretrial conference and in accordance with his
scheduling order so as to give him an opportunity to
consider the merits of the motion.
ix. Examination of Witnesses Out of Sequence
Judge Reid will permit witnesses to be taken out of turn
in appropriate circumstances.
x. Opening Statements and Submission
Judge Reid will discuss with counsel the length of time
necessary and appropriate for opening and closing
statements but will give counsel reasonable latitude.
xi. Examination of Witnesses or Argument by More than One Attorney
Judge Reid will not normally permit more than one
attorney for the party to examine the same witness or
more than one attorney to present argument on behalf
of the party on the same point.
xii. Examination of Witnesses Beyond Re-Direct or Re-Cross
Judge Reid will generally restrict counsel from
examining witnesses beyond re-direct and re-cross.
xiii. Videotaped Testimony
Judge Reid requires counsel to review all videotaped
depositions and to have them edited such as to fairly
present only the essential evidence of the witnesses
involved. Counsel are expected to resolve all matters
pertaining to objections before offering the video into
evidence.
xiv. Reading of Material into the Record
Judge Reid has no special practice with regard to
reading stipulations, pleadings or discovery materials
into the record.
xv. Preparation of Exhibits
Prior to commencement of trial, exhibits are to be pre-
marked and exchanged by counsel. Counsel should
provide Judge Reid with two (2) copies of each exhibit,
together with a schedule of exhibits that briefly
describes each exhibit. Counsel is encouraged,
however, to provide the Court with only the essential
and relevant portions of bulky exhibits, together with
sufficient material to provide context for the relevant
portion of the exhibits.
xvi. Offering Exhibits into Evidence
Judge Reid expects counsel to reach agreement in
advance as to the admission of exhibits. Judge Reid has
no particular procedure as to when an exhibit may be
formally offered into evidence.
xvii. Motions for Judgment as a Matter of Law and Motions for
Judgment on Partial Findings
Motions for Judgment as a Matter of Law or Motions
for Judgment on Partial Findings in non-jury trials may
be submitted in writing or orally. Judge Reid will
ordinarily request oral argument on these motions.
xviii. Proposed Jury Instructions and Verdict Forms
Judge Reid requires counsel to submit joint proposed
jury instructions, noting areas of agreement as well as
objections. The points for charge should be submitted
with appropriate citations of legal authority and shall be
provided to the Court in accordance with the deadline
set forth in the scheduling order.
Counsel will submit a jointly prepared verdict form or
proposed special interrogatories in accordance with the
deadline set forth in the scheduling order. If counsel are
unable to agree, they may submit separate proposed
forms of interrogatories. Judge Reid will encourage
counsel to agree upon a less than unanimous verdict.
(xix) Proposed Findings of Fact and Conclusions of
Law
Judge Reid requires counsel to submit proposed
findings of fact and conclusions of law in non-jury
cases at the final pretrial conference or at such a date as
set forth in a scheduling order. A supplementation will
be permitted at the close of trial or, in an appropriate
case, after trial.
6. Jury Deliberations
i. Written Jury Instructions
Judge Reid has no particular practice or policy on
submitting a copy of instructions to the jury.
ii. Exhibits in the Jury Room
Judge Reid will consider what exhibits should be sent
out to the jury during their deliberations on a case by
case basis.
iii. Handling of Jury Requests to Read Back Testimony or Replay Tapes
Judge Reid will seek the input of counsel and will then
make a determination on a case by case basis when
requests are made to read back testimony or replay
tapes.
iv. Availability of Counsel During Jury Deliberations
Judge Reid will not require counsel to remain in the
courthouse during deliberations but will require counsel
to be available on short telephone notice.
v. Taking the Verdict and Special Interrogatories
Judge Reid has no usual practice with respect to taking
a verdict. Judge Reid will submit written interrogatories
to the jury in the appropriate case. A copy of the
interrogatories shall be given to the jury during their
deliberations.
vi. Polling the Jury
Judge Reid will, if requested, permit the jury to be
polled.
vii. Interviewing the Jury
Judge Reid will permit counsel to interview jurors, but
only after the verdict has been recorded, the jury has
been discharged and they have been told in clear terms
that they have no obligation to speak with counsel.
III. CRIMINAL CASES
A. Sentencing Memoranda
When a pretrial sentence report is utilized, Judge Reid permits the
submission of sentencing memoranda by both counsel.
B. Additional Matters
At all “criminal duty week” proceedings, counsel once appointed
or retained, must be present to permit the proceeding to go
forward.
Once the Court has ordered that a defendant be detained or has set
conditions of release, any proposed changes thereto must be
submitted to the Court by written motion.
Judge Reid does not favor the dual representation of defendants by
a single attorney at any criminal proceeding, apart, perhaps, from
the initial appearance.
Judge Reid requires that all relevant documents be delivered to
Chambers in advance of court. Counsel may contact Ian Broderick
(267-299-7640) if there are any questions regarding the matters
before the Court.
IV. OTHER MATTERS
When a decision rendered by this Court is appealed, Judge Reid
prefers to receive copies of appellate briefs.
Judge Reid expects counsel to be prompt in all appearances, to be
professional and courteous to each other, both in the presence of the
Court and otherwise, and to have discussions with each other about
any matter in dispute before it is brought to the attention of the Court.
Counsel should feel free to contact Judge Reid’s courtroom deputy or
law clerks if they have any questions about his courtroom practices
and procedures.
