The Honorable John R. Padova
Senior United States District Judge
Room 17613, U.S. Courthouse
601 Market Street
Philadelphia, PA 19106
Phone: 215-597-1178 Fax: 215-580-2272
[email protected]
Deputy: Malissa Wolenski (Case Management and Scheduling)
Policies and Procedures
(Revised January, 2024)
Conduct of Attorneys. ......................................................................................................................1
Communications with Law Clerks...................................................................................................1
Electronic Filing System ..................................................................................................................1
Telephone Conferences ....................................................................................................................1
Correspondence with the Court .......................................................................................................1
Pro Hac Vice Admissions ................................................................................................................2
Cases on Appeal ...............................................................................................................................2
Pretrial Conferences .........................................................................................................................2
Continuances and Extensions ..........................................................................................................3
Motions Practice ..............................................................................................................................3
Discovery Matters ............................................................................................................................5
Settlement ........................................................................................................................................5
Arbitration ........................................................................................................................................6
Injunctions........................................................................................................................................6
Trial Procedures ...............................................................................................................................6
Jury Deliberations ............................................................................................................................9
Criminal Case Matters ...................................................................................................................10
CONDUCT OF ATTORNEYS
Practicality, civility, and professionalism facilitate the orderly resolution of cases. All
counsel are urged to read and be guided by the American College of Trial Lawyers’ Code of
Pretrial Conduct and Code of Trial Conduct (as endorsed by the last three Chief Justices of the
United States). Please find a copy of the Code of Pretrial and Trial Conduct published by the
American College of Trial Lawyers under the “Instructions” tab of Judge Padova’s profile on the
Court’s home page.
COMMUNICATIONS WITH LAW CLERKS
Judge Padova strongly discourages communication with his law clerks. All telephone
inquiries should be directed to Judge Padova’s deputy.
ELECTRONIC FILING SYSTEM
Judge Padova requires that all documents be filed electronically through Electronic Case
Filing (“ECF”). Unrepresented civil litigants may file documents as provided in Local Civil Rule
5.1.2.2(d). ECF provides greater efficiency and timeliness in the filing of pleadings, as well as
electronic storage of documents for remote access by the Court, the bar, and the litigants.
Applications are available from the Office of the Clerk of the Court, 601 Market Street, Room
2609, Philadelphia, PA 19106-1797, by calling 215-597-5711, or by accessing the Court’s website
at www.paed.uscourts.gov.
TELEPHONE CONFERENCES
Judge Padova sometimes conducts telephone conferences for non-complex pretrial matters,
scheduling, discovery disputes, settlement conferences, and other similar matters. Telephone
conferences should be arranged through his deputy. Judge Padova expects counsel to bring
matters to his attention only after they have been discussed with opposing counsel. All parties
must be represented on any telephone conference with Judge Padova.
Judge Padova prefers that most discovery disputes be heard by telephone conference.
CORRESPONDENCE WITH THE COURT
Judge Padova permits correspondence under the following circumstances:
(1) When letters of transmittal accompany documents required to be sent to, or filed
with, the Court or another official office in the Courthouse;
(2) When counsel are specifically requested by the Court to communicate some
information to the Court by letter;
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(3) When there is a request for a continuance of the Preliminary Pretrial Conference
(see paragraph entitled “Continuances and Extensions”);
(4) When there is an uncontested request for a continuance of the Rule 16 Scheduling
Order deadlines that does not affect the case’s trial date (see paragraph entitled
“Continuances and Extensions”);
(5) When the participation of counsel in the case is expected to be affected by a
personal matter, including medical problems and vacation plans, concerning
counsel, a party, a witness, or counsel’s immediate family; or
(6) To advise or confirm to the Court that a case has been settled, dismissed, or
otherwise finally disposed.
All other communications with the Court should be made by the filing of pleadings, motions,
applications, briefs, or legal memoranda.
PRO HAC VICE ADMISSIONS
Counsel not admitted to practice in the Eastern District of Pennsylvania must be sponsored
for admission pro hac vice by a member of the bar of this Court. Judge Padova requires a written
motion for admission on or before the day of the first appearance of counsel seeking admission.
CASES ON APPEAL
Judge Padova expects to receive copies of appellate briefs when a litigant appeals a
decision he has rendered. Briefs should be emailed to
[email protected].
PRETRIAL CONFERENCES
Preliminary Pretrial Conference (Scheduling Conference)
Judge Padova regularly schedules an initial pretrial conference within 30 days of all
defendants filing answers to the complaint.
At least three business days before the pretrial conference, counsel must submit to
chambers a completed Scheduling Information Report. This form will be attached to the
conference notice. No later than three business days prior to the scheduled pretrial conference,
counsel must also submit the discovery plan adopted at the Rule 26(f) conference in accordance
with the Federal Rules of Civil Procedure. It is not necessary to docket these submissions. The
Court’s processes and procedures rely on counsel’s good faith compliance in all respects with Rule
26(f). The Rule 26(f) meeting shall take place as soon as possible and, in any event, at least
fourteen days before the scheduling conference. Such compliance is of the highest degree
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mandatory. Parties who do not comply will have no voice at the scheduling conference and
may be subject to additional sanctions.
Topics that are frequently addressed in an initial pretrial conference include those listed in
Local Rule 16.1 and Federal Rule of Civil Procedure 16(b) and (c) including a plan for
preservation of electronically stored information, and the progress of self-executing disclosure
under Federal Rule of Civil Procedure 26(a). Judge Padova further requires that counsel taking
part in all pretrial conferences be prepared to speak on the subjects to be covered, including
settlement, and have authority from their clients to do so. A Rule 16 scheduling order is issued
at the conclusion of the conference. Judge Padova uses a standard form of scheduling order for
standard track cases, a copy of which can be found under the “Instructions” tab of Judge Padova’s
profile on the Court’s home page.
Counsel must be prepared to present argument at the conference on any pending motions.
Final Pretrial Conference
Judge Padova typically holds a final pretrial conference sometime during the week before
trial is scheduled. At that time, outstanding topics that were the subject of the initial pretrial
conference are typically addressed, as well as settlement, resolution of motions in limine, and trial
procedure.
CONTINUANCES AND EXTENSIONS
Judge Padova 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 argument, evidentiary hearings, discovery deadlines and trial dates.
Counsel should advise the Court immediately, and before the date has run, of any
compelling reason justifying an extension or continuance of any originally scheduled date. Any
request for an extension or continuance shall be made in writing by letter or formal motion for
cause shown. If there is an agreement, a stipulation of counsel should be submitted; however,
Court approval is required.
A letter request is acceptable when there is an uncontested request for a continuance of the
Rule 16 Scheduling Order deadlines not affecting the trial date or pool placement; when the
continuance of a preliminary pretrial conference is sought; or when there is an uncontested request
for an extension of time to respond to a motion.
MOTION PRACTICE
Judge Padova requires that one courtesy copy of motion papers be sent to his
chambers. Courtesy copies shall be stapled or neatly bound, with dividers between the
exhibits.
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If Judge Padova determines that oral argument will aid in deciding the matter, he will order
argument or grant a request by counsel to be heard. Requests should be made in writing at the
time of filing a motion, response, or reply as part of the moving papers.
Judge Padova does not set aside any certain days or times for oral argument on motions or
evidentiary hearings.
Reply and Surreply Briefs
Judge Padova considers motions “ripe” when a response has been filed. Reply and
surreply briefs may only be filed with leave of the Court. A motion for leave to file a reply or
surreply brief must be filed within fourteen days of the previous filing, and counsel shall attach as
an exhibit the proposed reply or surreply brief.
Rule 15 Amended Pleadings
Any party who intends to amend a pleading pursuant to Federal Rule of Civil Procedure
15 must file a notice of intent to do so within the 14-day period for responding to a motion to
dismiss. See L. Civ. R. 7.1(c).
Rule 56 Motions
Except in matters in which a pro se prisoner is a party, the parties shall meet and confer
about the material facts no later than fourteen days prior to the filing of any summary judgment
motion pursuant to Federal Rule of Civil Procedure 56. The moving party’s initial filing must
include a Concise Statement of Stipulated Material Facts, which sets forth (in numbered
paragraphs) material facts and important background facts that the parties agree are not in dispute
for purposes of Summary Judgment. When possible, the parties should include citations to the
summary judgment record for each stipulated fact.
To the extent that any party seeks to rely on facts not included in the Concise Statement of
Stipulated Facts, it shall set forth those facts in a Concise Statement of Additional Facts. Like the
Statement of Stipulated Facts, the Statement of Additional Facts shall be organized in numbered
paragraphs. The party shall provide citations to the precise pages of the summary judgment
record that support each factual assertion in the Statement of Additional Facts.
One paper courtesy copy of all Rule 56 materials shall be submitted to the Court
(Chambers). Courtesy copies shall be stapled or neatly bound, with dividers between the
exhibits. Consult Local Civil Rule 5.1.2(5) for requirements for exhibits filed via ECF.
The pendency of a Rule 56 Motion does not stay the deadlines contained in the Court’s
Scheduling Order. Counsel must apply by letter or by motion if they wish to seek an extension
to the Scheduling Order deadlines.
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DISCOVERY MATTERS
Length of Discovery Period and Extensions
At the initial pretrial conference, Judge Padova will set a discovery period. Judge Padova
usually allows 60 to 90 days to complete discovery from the date of the initial pretrial conference.
Discovery Conferences and Dispute Resolution
Judge Padova normally does not hold discovery conferences, but encourages the use of
telephone conferences in lieu of motion practice to resolve discovery disputes.
When a discovery default occurs, Judge Padova encourages counsel to file a motion to
compel, which he will usually grant upon presentation pursuant to Local Civil Rule 26.1(g).
When a discovery dispute occurs, and counsel have been unable to resolve it themselves or with
Judge Padova’s assistance by telephone, he requires a motion to compel. Judge Padova expects
discovery to be voluntary and cooperative in accordance with the Federal Rules of Civil Procedure
and the parties’ discovery plan.
Confidentiality Agreements
Parties may agree privately to keep documents and information confidential. The Court
may enter an Order of Confidentiality only after making a specific finding of good cause based on
a particularized showing that the parties’ privacy interests outweigh the public’s right to obtain
information concerning judicial proceedings. See Pansy v. Borough of Stroudsburg, 23 F.3d 772,
786 (3d Cir. 1994).
Expert Witnesses
Counsel are required to identify expert witnesses and provide curriculum vitae and, as to
all experts, voluntarily exchange the information referred to in Federal Rule of Civil Procedure
26(a)(2)(B) by expert report, deposition, or answer to expert interrogatory in accordance with the
dates outlined in the Court’s scheduling orders. Except for good cause, expert testimony will be
limited at trial to the information provided.
SETTLEMENT
At the earliest appropriate point, Judge Padova takes an active role in settlement
discussions. This point is typically during the initial pretrial conference. Judge Padova may hold
an early settlement conference at which individual parties, or the principals of corporate parties,
are present, and he often recommends settlement figures or alternative methods of dispute
resolution. Judge Padova prefers not to participate in settlement negotiations in non-jury cases.
He typically refers such cases to a Magistrate Judge for settlement.
Judge Padova will occasionally refer a case to another District Court Judge for settlement.
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ARBITRATION
Certification of Damages in Excess of Arbitration Limits
Parties are reminded that pursuant to Local Civil Rule 53.2.3(C), damages are presumed
not to exceed the $150,000 arbitration limit unless the Party bringing a claim timely certifies
otherwise.
Scheduling of Trial De Novo From Arbitration
Once a trial de novo is demanded, Judge Padova issues a standard form scheduling order.
If counsel believe that a settlement conference would be helpful, Judge Padova is willing to meet
with the parties upon their request. Ordinarily, Judge Padova does not allow additional discovery.
Counsel can expect the trial to be scheduled within thirty days.
INJUNCTIONS
Scheduling and Expedited Discovery
Judge Padova’s usual practice is to hold a conference with counsel before scheduling
hearings for temporary restraining orders and preliminary and permanent injunctions. Judge
Padova usually handles requests for expedited discovery by telephone conference. When a
complaint is accompanied by a Motion for a Temporary Restraining Order or Preliminary
Injunction, Judge Padova will contact counsel and schedule a hearing.
Proposed Findings of Fact and Conclusions of Law
Parties shall submit proposed findings of fact and conclusions of law in accordance with
deadlines set by the Court. One courtesy copy should be sent to Chambers, as well an
electronic version in Microsoft Word format emailed to:
[email protected].
TRIAL PROCEDURES
Scheduling Cases
Cases will be assigned a date certain for commencement of trial.
Cases Involving Out-of-Town Parties or Witnesses
Trial scheduling does not change due to the presence of out-of-town parties or witnesses.
Judge Padova leaves the scheduling of witnesses to counsel.
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Conflicts of Counsel
When counsel become aware of professional or personal conflicts that may affect the trial
schedule, they should notify Judge Padova and opposing counsel immediately. Such notice may
be given to Judge Padova’s deputy by telephone, but it must be confirmed in writing.
Final Pretrial Memoranda
The Rule 16 Scheduling Order will specify the items to be included in all pretrial
memoranda and the filing dates.
Notetaking by Jurors
Judge Padova permits jurors to take notes and will issue an instruction on juror notetaking
similar to that found in United States v. Maclean, 578 F.2d 64 (3d Cir. 1978).
Voir Dire
Judge Padova ordinarily asks a standard set of voir dire questions. Parties should file
proposed voir dire questions by the deadline set forth in the Rule 16 Scheduling Order for the
submission of proposed jury instructions. Judge Padova also requires that the parties submit
an electronic version in Microsoft Word format emailed to:
[email protected].
Trial Briefs
Judge Padova requires the submission of one courtesy copy of trial briefs.
In Limine Motions
Judge Padova requires counsel to submit one courtesy copy of motions in limine in
accordance with the deadlines set forth in the Rule 16 Scheduling Order.
Examination of Witnesses Out of Sequence
Judge Padova will permit counsel to take witnesses out of turn for the convenience of the
witness, subject, of course, to objection by opposing counsel.
Opening Statements and Summations
Judge Padova normally attempts to obtain the agreement of counsel regarding time limits
to be placed on opening statements and summations. However, Judge Padova believes that
twenty to thirty minutes is usually adequate for an opening statement and thirty to forty-five
minutes is usually adequate for a summation.
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Examination of Witnesses or Argument by More Than One Attorney
Judge Padova will permit more than one attorney for a party to examine different witnesses
or to argue different points before the Court, but he will not permit two attorneys for a party to
examine the same witness or argue the same point.
Examination of Witnesses Beyond Redirect and Recross
Judge Padova does not have a general policy regarding further examination of a witness
after redirect or recross have been completed. Where appropriate, he will allow it, but he will not
permit any repetition or rehashing.
Videotaped Testimony
Videotaped testimony should begin with the witness being sworn. Objections should be
given to the Court well in advance of the video being offered so that the video may be appropriately
edited. Objections should be accompanied by a copy of the transcript in order for the Court to
issue a ruling.
Reading of Material Into the Record
Judge Padova has no special practice or policy of reading into the record stipulations,
pleadings, or discovery material. He will permit it when necessary.
Preparation of Exhibits
Judge Padova requires that exhibits be pre-marked and pre-exchanged. At the
commencement of trial, the parties shall provide the Court with three copies of a schedule of
exhibits that shall briefly describe each exhibit. At the trial, the parties shall provide the Court
with two copies of each exhibit at the time of its first use at trial.
Offering Exhibits Into Evidence
Judge Padova prefers that counsel offer exhibits into evidence at the close of testimony by
the first witness testifying about the exhibit unless the exhibit is objected to, in which event it
should not be testified to unless it is received into evidence.
Motions for Judgment as a Matter of Law and Motions for Judgment on
Partial Findings
Judge Padova prefers that Rule 50 motions be in writing. Oral argument, if necessary,
will be requested by the Court.
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Proposed Jury Instructions and Verdict Forms
As set forth in his standard form of pretrial order, Judge Padova expects counsel to work
together in submitting joint proposed jury instructions on substantive issues and proposed verdict
forms or special interrogatories to the jury. In addition, Judge Padova requires that counsel
submit individual proposed jury instructions on substantive issues and proposed verdict forms or
special interrogatories to the jury on those issues that counsel cannot agree upon in their joint
submissions. In all cases, one copy of the joint and/or individual submissions should be submitted
to the Court (Chambers) no later than the date provided in the Rule 16 Scheduling Order. Judge
Padova also requires that the parties email jury instructions and verdict forms in Microsoft
Word format to:
[email protected].
Each proposed instruction should be double-spaced on a separate sheet of paper. Cited
cases and pattern jury instructions should be accurately quoted and specific page references should
be given. Jury instructions need only be submitted with respect to substantive issues in the case.
Proposed instruction on procedural matters such as the burden of proof, unanimity, and credibility
are not required. Judge Padova may accept supplemental jury instructions until the start of closing
argument. Failure to timely submit proposed instruction can constitute waiver of a claim, defense,
or legal position. See L. Civ. R. 16.1.
Proposed Findings of Fact and Conclusions of Law
Judge Padova requires that proposed findings of fact and conclusions of law in non-jury
cases be submitted in accordance with the date set forth in the Rule 16 Scheduling Order. One
courtesy should be sent to Chambers, as well as emailed in Microsoft Word format to:
[email protected].
JURY DELIBERATIONS
Written Jury Instructions
Judge Padova generally does not give the jury written instructions, but may do so in
appropriate cases.
Exhibits in the Jury Room
Upon request, Judge Padova generally permits all trial exhibits to go out to the jury unless
a well-founded objection is asserted.
Handling of Jury Requests to Read Back Testimony or Replay Recordings
Judge Padova will advise the jury that testimony is usually not in transcript form to give
them. However, if a transcript is available, he will consider reading appropriate portions
requested by the jury. He will usually allow audio and video recordings to be replayed.
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Availability of Counsel During Jury Deliberations
Counsel must remain in the courthouse during jury deliberations.
Taking the Verdict and Special Verdicts
Whether Judge Padova takes a general or special verdict depends on the case. If useful,
Judge Padova will submit interrogatories to the jury.
Polling the Jury
Judge Padova grants all requests to poll the jury.
CRIMINAL CASE MATTERS
Speedy Trial Act Continuances
Motions requesting a trial continuance should be accompanied by a proposed order in
Speedy Trial Act language, containing findings of fact and conclusions that would justify a
continuance under the Speedy Trial Act.
Sentencing Memoranda
Judge Padova expects the submission of sentencing memoranda by both the Government
and defendants, but notes that they must be within the framework provided by the Sentencing
Guidelines in order to be useful.
SENTENCING MEMORANDA SHOULD BE SUBMITTED AT LEAST ONE
WEEK BEFORE THE SCHEDULED SENTENCING DATE.
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