Effective Date: May 2026
POLICIES AND PROCEDURES
JUDGE KAI N. SCOTT
United States District Court for the Eastern District of Pennsylvania
James A. Byrne United States Courthouse
Courtroom 13B
601 Market Street, Room 5614
Philadelphia, Pennsylvania 19106
(267) 299-7590
[email protected]
I. COMMUNICATIONS WITH CHAMBERS
A. GENERAL INQUIRIES
Email is the preferred method of communication. All general inquiries, including questions about
these policies, may be emailed to
[email protected].
Telephone calls should be directed as follows:
Judicial Assistant: Tayai Lester (267) 299-7590
[email protected]
Contact about civil scheduling, case management, events,
and general procedures.
Courtroom Deputy: Sue Flaherty (267) 299-7598
[email protected]
Contact about all criminal matters, trial setup, courtroom
logistics, and courtroom procedures.
Faxes and regular mail are strongly discouraged.
B. CASE COMMUNICATIONS
Communications regarding cases must be made through filing a pleading, motion, or application
through Electronic Case Filing (ECF) whenever possible.
Email correspondence regarding cases is permitted in the following situations:
• To advise the Court of unanticipated schedule changes (less than seven (7) business days in
advance of a deadline) or schedule changes due to personal or medical issues that counsel does
not wish to file on the docket.
• To promptly advise the Court that a case has been settled.
Court staff have no authority to give advice on substantive or procedural matters.
1
C. PRO SE COMMUNICATIONS
All pro se communications must be sent to the clerks’ office to be docketed. Pro se litigants may
not contact Judge Scott or her chambers directly.
D. INTERNSHIP AND CLERKSHIP APPLICANTS
Judge Scott’s highly preferred method for receiving clerkship applications and internship
applications is through email. Applicants should email
[email protected] with the appropriate materials, including a
cover letter, resume, law school transcript, and writing sample. At least two letters of
recommendation may be sent separately to the same email address.
II. OTHER GENERAL POLICIES
A. MAGISTRATE JUDGE
[To be updated pending assignment of new Magistrate Judge]
B. FORMAT OF FILINGS
1. General Formatting
All filings must be filed electronically through ECF in compliance with federal and local rules and
must be filed as searchable PDFs.
All writings submitted to Judge Scott’s chambers must be in 12-point font and generally must be
double-spaced and have 1-to-1.5-inch, justified margins. (The Rule 26(f) report, single-page
motions or requests, and proposed orders may be single-spaced.)
Any briefing exceeding twenty (25) pages must include a table of contents.
2. Use of Artificial Intelligence (“AI”)
If any attorney for a party, or a pro se party, has used Artificial Intelligence (“AI”) in the
preparation of any complaint, answer, motion, brief, or other paper, filed with the Court, and
assigned to Judge Kai N. Scott, MUST, in a clear and plain factual statement, disclose that AI has
been used in any way in the preparation of the filing, and CERTIFY, that each and every citation
to the law or the record in the paper, has been verified as accurate.
3. Courtesy Copies
A courtesy copy must be submitted only if (1) there are large attachments to a motion or (2) a
document is filed under seal. A filing has large attachments if the appendices or exhibits attached
2
to the filing exceed 50 pages or there are five (5) or more exhibits. The courtesy copy of a filing
with large attachments must be submitted to Judge Scott’s Chambers as a binder with tabbed
exhibits and an exhibit index. Additionally, parties must submit copies of trial exhibits prior to the
day voir dire begins, as specified in Part III.F.2.
C. PRO HAC VICE MOTIONS AND LOCAL COUNSEL
Local counsel must file a motion for pro hac vice admission of another attorney. The motion must
specify (1) the attorney’s admissions, (2) why the party desires that attorney to participate in
litigation, and (3) why that attorney is particularly qualified to represent the party. Additionally,
counsel must comply with instructions in the Clerk’s Office forms (available on the Court’s
website https://www.paed.uscourts.gov/sites/paed/files/documents/forms/app_x.pdf).
III. CIVIL PRETRIAL PROCEDURE
A. RULE 26(F) MEETING AND REPORT
Parties are required to meet and confer to complete a Rule 26(f) report jointly. Parties may meet
in person or through video conference; email correspondence is insufficient. The Rule 26(f)
meeting should include a meaningful discussion of the parties’ settlement positions, factual and
legal positions, and the proposed discovery plan.
Parties must fill out the Rule 26(f) form available on Judge Scott’s Court webpage
(https://www.paed.uscourts.gov/judges-info/district-court-judges/kai-n-scott). The parties may
attach any supplemental information desired to this form; the form is a minimum requirement.
Parties are encouraged to attach any key documents for the Court’s review ahead of the Rule 16
conference (e.g., a disputed contract).
The parties are expected to meet at least fourteen (14) business days before the Rule 16
Conference. The Rule 26(f) report must be submitted no later than (7) business days before the
Rule 16 conference. Parties are also expected to submit all possible threshold motions no later than
(7) business days before the Rule 16 conference, including any motions to dismiss, transfer, or add
parties.
Flawed or incomplete submissions will be returned to counsel for revision and resubmission. A
party that fails to participate in good faith in the Rule 26(f) meeting, report, or revision requests
will have no voice at the initial Rule 16 conference.
B. RULE 16 CONFERENCE
Judge Scott holds Rule 16 Pretrial Conferences in person at Chambers. A Rule 16 conference will
be scheduled shortly after the answer is filed, or in rare instances, while a motion to dismiss or
other preliminary motion is pending. If a Rule 16 conference has not been scheduled within a
reasonable time following the filing of the answer, counsel should email Judge Scott’s Chambers
to request a conference.
3
Lead counsel must attend the Rule 16 conference. If the attorneys in attendance do not have full
authority to negotiate a case’s settlement, then the client or a representative who can authorize
settlement must be available by telephone for the entirety of the Rule 16 conference.
Parties must attend the Rule 16 conference ready to discuss (1) discovery progress, (2) all claims,
defenses, and relief sought, (3) filed and anticipated motions, (4) key factual disputes, (5) the
likelihood of settlement, and (6) the case schedule. Judge Scott may request argument on pending
motions at the Rule 16 conference.
A scheduling order will be issued after the conclusion of the Rule 16 conference. Thus, all Rule
16 conference participants must come to the conference ready to set the case’s schedule, and any
counsel that does not attend the Rule 16 conference must submit their schedule to co-counsel.
C. DISCOVERY
The parties must begin discovery upon receipt of notice of the Rule 16 conference. Pending
motions do not excuse counsel from proceeding with discovery.
Judge Scott expects parties to exercise civility and common sense to attempt to resolve discovery
disputes on their own. If an unresolvable discovery dispute arises, the aggrieved party must file
the following:
• A motion that (1) complies with Local Civil Rule 26.1(f) by certifying that the parties, after
reasonable effort, are unable to resolve the dispute, and (2) specifies whether the parties request
a telephone conference with Judge Scott to resolve the matter;
• A proposed order; and
• A brief of up to five (5) pages that (1) outlines the efforts the parties have made to resolve the
dispute and (2) cites any applicable legal authority.
Judge Scott will promptly review the motion and either issue a decision, schedule a phone
conference, or order responsive briefing. Judge Scott routinely acts upon filed discovery motions
without waiting for a response or scheduling a telephone conference. Parties are encouraged to call
Chambers when an unresolvable discovery dispute arises; if Judge Scott is available, she may
resolve the dispute.
D. SEALED AND REDACTED DOCUMENTS
Parties are not permitted to file documents under seal without leave of the Court, unless an
emergency arises. Judge Scott will permit parties to file documents under seal or with redactions
only after a showing of good cause or presentation of an enforceable private confidentiality
agreement contracted prior to litigation. Parties cannot stipulate to sealing documents to avoid
showing good cause. See In re Avandia Mktg., Sales Pracs. & Prods. Liab. Litig., 924 F.3d 662,
672-73 (3d Cir. 2019) (balancing multiple factors to assess whether good cause warranted sealing
documents from public view), and Pansy v. Borough of Stroudsburg, 23 F.3d 772, 786-87 (3d Cir.
1994) (same).
4
All proposed sealing orders must contain language to this effect: “The Court reserves its inherent
power to modify the terms of this Order and permit the disclosure of information in the interest of
justice.” If the Court orders that a document be filed under seal, a redacted copy of the document
must be filed within 14 days, unless the Court’s order specifies otherwise, or redaction would
render the document unreadable.
Attorneys of record may request copies of sealed documents by filing a motion with the Court.
Copies of sealed documents will be provided upon entry of an order granting such a motion.
E. MOTIONS PRACTICE AND ORAL ARGUMENT
1. Page Limits & Reply Restrictions
Any dispositive motion and its supporting memorandum of law must not exceed twenty (25) pages.
If a filing exceeds these page limits due only to the size of pictures or charts embedded within the
filing, then the party may file the oversize brief and must certify that that is why the brief is
oversize. Otherwise, parties must seek leave from the Court to file an oversize brief at least three
(3) business days prior to a filing deadline.
One reply brief may be filed within fourteen (14) business days of service of the opponent’s brief
in opposition; parties must seek leave from the Court to file any additional supplemental briefings,
and Judge Scott rarely grants such requests. Reply or supplemental briefings must not exceed ten
(10) pages and may not simply repeat arguments already made.
Multiple plaintiffs or multiple defendants must file joint motions with their co-parties, unless there
are conflicts in their position.
2. Oral Argument
Parties may request oral argument in their motions. Judge Scott will grant requests for oral
argument only if oral argument would illuminate any aspect of the pleadings or briefs. Judge Scott
strongly encourages counsel to consider including junior attorneys for portions of oral argument
where appropriate.
Counsel intending to present physical exhibits during oral argument shall bring two (2) copies of
each exhibit for Judge Scott.
3. Motions to Continue & Prohibition on Stipulations
Continuance requests for motions and discovery deadlines, hearings, and trial must be filed in the
form of a motion and must include a proposed order. Joint continuance requests must be filed as
an unopposed motion. If a party files an opposed motion for a continuance, all other parties have
three (3) business days to file an opposition, which must state the reasons for the opposition.
5
Judge Scott will generally grant joint discovery continuance requests if (1) they do not alter key
motions deadlines or trial dates, and (2) they are made at least seven (7) business days before the
scheduled deadline.
Judge Scott seldom grants continuances that will alter (1) motion deadlines in which oral argument
has been scheduled or (2) trial dates. Such continuance requests must be made at least fourteen
(14) business days before the applicable deadline or trial date, and they must provide good cause.
Judge Scott no longer permits changes to operative deadlines to be filed as joint stipulations. All
parties filing joint stipulations will be instructed to refile the request as a joint, unopposed motion.
4. Injunctions & Motions for Temporary Restraining Order
Judge Scott attempts to hold a prompt conference with counsel seeking and defending requests for
temporary restraining orders and preliminary injunctions following an affidavit of service, unless
there is risk of extraordinary imminent harm a hearing will be held. Judge Scott usually handles
filed motions for expedited discovery at the initial conference or hearing. Judge Scott expects a
party seeking pretrial injunctive relief to be prepared to imminently move to a hearing within a
month. If not ready for an imminent hearing, the party may seek expedited discovery and Judge
Scott will then set the pretrial injunction hearing.
5. Threshold Motions
Threshold motions (e.g., motions to dismiss, transfer, or substitute parties) should be filed at least
seven (7) days before the Rule 16 conference. Parties may be asked to address the merits of these
motions at the Rule 16 conference, even if they are not fully briefed at that time.
6. Rule 56 Motions for Summary Judgment
A statement of facts must accompany a moving party’s motion for summary judgment. The parties
may jointly file a statement of stipulated material facts. Alternatively, the moving party may file
proposed undisputed material facts. Regardless of which option the parties choose, the moving
party must file that initial statement of material facts as a separate document with the moving
party’s Rule 56 motion. Each fact must be in a separately numbered paragraph and accompanied
by pinpoint citations that cite not only the relevant exhibit, but the relevant page and line number
of that exhibit.
Unless the parties file joint stipulated material facts, the nonmoving party must respond to each
numbered material fact by either (1) stating that the fact is undisputed, (2) explaining exactly how
it is disputed and providing appropriate citations, or (3) explaining why the fact is immaterial to
resolution of any claim with appropriate citations. The nonmoving party may also provide
additional undisputed material facts; the movant may respond to these facts in kind in a document
separate from any reply brief. These factual statements must be brief and nonargumentative and
cannot be used to evade page-limit requirements for briefs; factual statements do not count towards
the 25-page limit for briefing unless there are substantial argumentative passages.
6
Parties are encouraged to submit a joint appendix with the moving party’s briefings. If that is not
practical, then the parties may file separate appendices, with the following restrictions: (1) the
moving party must submit documents in their full relevant context rather than excerpts of
documents, and (2) the responding party must cite to the moving party’s appendix wherever
possible and is encouraged to mark exhibits as a continuation of the moving party’s appendix pages
or exhibit numbers.
If there are any evidentiary issues that may be key to the resolution of a motion for summary
judgment, parties may file motions to preclude such evidence as separate motions at the same time
as their motion or response. Judge Scott may consider the evidentiary motion jointly with the
motion for summary judgment, or she may hold the motion under advisement until the case
approaches trial.
7. Amended Pleadings or Briefings
Parties are encouraged to promptly correct any material misstatements of fact or law. Parties may
amend pleadings once pursuant to Federal Rule of Civil Procedure 15. Additional amendments
require leave of the Court. Amended pleadings must clearly indicate the additions or corrections
made through comments, track changes, or both (the party may file both a clean copy and a copy
with track changes). Parties may also advise the Court of their own misunderstandings of the law,
if necessary, by filing a supplemental briefing. The supplemental briefing does not need to repeat
the entire argument but must clearly reference the misstated point of law.
8. Daubert Motion and Hearing
Daubert motions must be filed as soon as practicable, but no later than seven (7) days before a
scheduled final pretrial conference. If a party’s motion for summary judgment, or an opposition
thereto, is based in whole or in part on an argument that expert testimony is not admissible, then
the party must raise such argument in a contemporaneous Daubert motion.
9. Motions in limine
Motions in limine must be filed before trial to reduce the number of sidebar discussions required.
Complex motions must be filed at least seven (7) business days before the final pretrial conference.
If motions cannot be resolved at that conference, they will be heard on a specific date or before a
witness is called. Judge Scott may refuse to hear any untimely motion or sidebar objection that
disrupts trial and could have been anticipated as a motion in limine.
F. FINAL PRETRIAL CONFERENCE AND PRETRIAL PREPARATION
Judge Scott generally holds a final pretrial conference seven (7) days before a trial, but the
conference may be held earlier, if jointly requested by the parties. At the final pretrial conference,
parties should be prepared to discuss all outstanding motions and any unresolvable disputes
regarding evidence or witnesses. Parties will also update the Court on any scheduling issues and
any efforts made to settle the case.
7
1. Pretrial Memoranda
Pretrial memoranda must be submitted at least (7) business days prior to the final pretrial
conference and must include the following:
• A list of witnesses and the substance of each witness’s testimony.
• All expert witnesses’ reports and CVs, if not previously submitted.
• A list and brief description of any motions in limine.
• Notice of any depositions (written or video) that the party intends to use at trial.
• Any objections to witnesses and exhibits that the parties have been unable to resolve. Wherever
applicable, the objecting party must identify the page of an exhibit and page and line number
of a deposition that the party objects to and state the basis of the objection.
• A list of any joint stipulations that the parties plan to enter at trial.
• Proposed joint questions for voir dire. See infra Part V.A.
• Proposed joint jury instructions and verdict forms. See infra Part V.F.
2. Trial Exhibits
Prior to voir dire, counsel must submit:
• Two full sets of exhibits that are organized in a tabbed binder with all exhibits numbered
consecutively (not separately numbered by party).
• One additional set of exhibits that are not hole punched or marked with anything besides
exhibit numbers, which may be presented to witnesses and jurors.
IV. CRIMINAL CASES
All communications regarding criminal matters should be directed to the Courtroom Deputy, Sue
Flaherty.
Once a defendant has an initial appearance and/or arraignment on an indictment, counsel for the
Government and Defendant(s) are required to attend a scheduling conference within fifty (50) days
of the initial appearance/arraignment.
A. TRIAL CONTINUANCES IN CRIMINAL MATTERS
Any request for a continuance must be filed no later than fourteen (14) days in advance of the
scheduled hearing date. Requests for a continuance must be filed as a motion stating the reasons
for the request and the length of the continuance not to exceed 120 days. Any such motion must
be accompanied by a speedy trial waiver consent form (found on Judge Scott’s Court website)
signed by the defendant(s) and defendant(s) attorney(s), together with proposed form order
consistent with the requirements of the Speedy Trial Act, 18 U.S.C. § 3161(h)(8), and must include
a proposed finding explaining in reasonable detail why the ends of justice served by granting the
8
requested continuance outweigh the best interest of the public and the defendant in a speedy trial.
Continuances are strongly discouraged, and, if multiple continuances are sought, counsel may be
required to appear in person to argue the matter.
B. GUILTY PLEAS
Before a defendant offers a guilty plea, counsel for the Government must complete the guilty plea
memorandum, guilty plea agreement, acknowledgement of rights, and a sealed supplemental, and
counsel for the defendant must review those documents with the defendant. Counsel must also
provide copies of those documents to Judge Scott at least three (3) business days prior to the plea
hearing. A sealed sidebar will be held during the plea hearing to place the contents of the sealed
supplemental on the record.
The guilty plea agreement must state whether the plea is a general plea of guilty, a conditional
plea, or a plea of nolo contendere. The guilty plea agreement also must disclose to the defendant
and Judge Scott whether the plea is entered under Federal Rule of Criminal Procedure 11(c)(1)(A),
(B) or (C), relating to the obligation of the United States regarding other charges under subsection
(A), a non-binding sentencing recommendation under subsection (B), or a binding sentencing
recommendation under subsection (C). In addition, the plea agreement must inform the defendant
and remind Judge Scott, under Rule 11(c)(3)(B), the defendant has no right to withdraw the plea
if Judge Scott does not follow the recommendation or request if the plea is entered under Rule
11(c)(1)(B).
The United States must submit a guilty plea memorandum at least three (3) business 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. The
change of plea memorandum shall be provided in Microsoft Word Format by email to
[email protected].
If an agreement has been reached to request Judge Scott set an expedited sentencing, the United
States must notify Chambers and the probation office at least seven (7) business days prior to the
change of plea hearing.
C. SENTENCING
Sentencing will be scheduled on the day Judge Scott accepts a defendant’s guilty plea or after a
defendant is convicted at trial. Sentencing will generally occur approximately one hundred (100)
days after a guilty plea or trial. Sentencing will be continued for good cause only.
To avoid delay in sentencing, all objections to the Presentence Investigation Report must be sent
to the probation officer in advance of sentencing. In no event shall counsel raise objections for the
first time in a sentencing memorandum.
Counsel must file sentencing motions and supporting memoranda at least seven (7) business days
prior to the scheduled sentencing date, and any response thereto must be filed at least three (3)
business days prior to the scheduled sentencing date. The memorandum must set forth any legal
9
authority relied upon by the party. No replies may be filed without leave. Counsel shall serve a
copy on the United States Probation Office.
Counsel shall provide all character letters and names of witnesses by email at least seven (7)
business days before sentencing to
[email protected].
If a defendant may be responsible for restitution, the United States must submit sufficient
information in its sentencing memorandum to enable Judge Scott 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 United States shall itemize the
restitution amount for which each defendant may be responsible.
Pre-Sentence Investigation Reports and Sentencing Memoranda shall also be promptly delivered
by email to
[email protected].
V. COURTROOM AND TRIAL PROCEDURES
A. VOIR DIRE
The parties must submit joint proposed voir dire questions at least seven (7) business days before
the final pretrial conference. Parties are encouraged to prepare joint questions wherever possible.
Parties are directed to submit the joint voir dire questions to Chambers in the Microsoft Word
format to
[email protected]. Judge Scott will advise parties of approved lines of
questioning before voir dire begins.
Attorneys may briefly introduce themselves during group voir dire but are not permitted to address
questions to the entire panel. After Judge Scott concludes her questioning of each individual
venireperson, counsel may ask the venireperson any pre-approved questions and relevant follow-
up questions.
B. OBJECTIONS
Objections must be made by reciting the appropriate rule number or a word or brief phrase;
attorneys cannot argue the basis for objections unless the Court requests argument.
C. TRIAL SCHEDULING AND SIDEBAR DISCUSSIONS
Counsel are expected to meet each morning before trial begins to discuss the general order in which
witnesses will be called and evidence will be presented. Counsel must inform the Court of the
anticipated order. If any evidentiary disputes arise that counsel cannot resolve amongst themselves,
counsel must advise the Courtroom Deputy either in the morning before trial resumes or during a
break when the jury is not present.
Sidebar discussions are permitted only in unanticipated, time-sensitive situations that cannot be
resolved during a break. Sidebar discussions are on the record (unless otherwise ordered) but will
be sealed.
10
D. WITNESSES
A list of witnesses must be provided to the Courtroom Deputy, Sue Flaherty via email within two
(2) business day prior to trial. Only one attorney for each party may examine a single witness or
provide oral argument for the same legal point. Parties may question their own witnesses out of
turn.
E. OFFERING EXHIBITS INTO EVIDENCE
Exhibits are admitted into evidence at the time of use during examining. At that time, parties may
also request to publish the exhibits in question to the jury. Judge Scott permits an exhibit to be
published during a witness’s testimony only if (1) the moving party seeks permission to do so
before the witness takes the stand, and (2) the exhibit is necessary to explain a witness’s testimony.
At the conclusion of trial, counsel shall submit a list of their admitted exhibits to the Court via
ECF filing.
F. JOINT PROPOSED JURY INSTRUCTIONS AND VERDICT FORMS
Counsel must submit a joint proposed set of jury instructions and verdict forms with any special
interrogatories prior to the final pretrial conference. Instructions must cite legal authority. If a
model jury instruction is used, the parties must submit a copy of the model instruction, and the
proposed instruction must note any modifications made to the model instruction (use bold font and
footnotes as needed to emphasize changes). If the parties cannot agree on a specific instruction,
they may propose alternative instructions and cite any relevant authority for the proposed
language.
Submitting a joint jury instruction does not constitute waiver of an objection—it merely agrees to
the language used if that instruction must be given. Thus, counsel should err on the side of
proposing some instructions on a contingency basis rather than requesting additional instructions
during trial. Counsel may separately submit objections to instructions or notify the Court of that
party’s position on the circumstances in which the instruction would be warranted.
Counsel may request additional unanticipated jury instructions by emailing the Court and all
parties during the same day or night that the basis for the instruction arose. If the request arises on
the day that the Court plans to charge the jury, the party must immediately notify the Courtroom
Deputy by passing a note or requesting a sidebar discussion.
G. TRIAL TRANSCRIPTS
Should a party wish to order daily and/or expedited transcripts, please contact the Transcript
Department in the Clerk’s Office. Advanced notice of the intention to order expedited transcripts
is required.
11
H. JURY DELIBERATIONS
Judge Scott may permit jurors to take notes.
After the jury retires to deliberate, counsel will review the exhibits to determine which exhibits
will be provided to the jury. The Court will promptly settle any disputes that arise.
Judge Scott provides the jury with a copy of the complete written jury instructions that were read
to the jury.
Counsel must be able to return to the courtroom within fifteen (15) minutes during jury
deliberations.
Judge Scott will poll the jury only if counsel requests it.
After the jury is discharged, the Court will ask counsel whether counsel wishes to speak with
jurors. If so, Judge Scott and counsel will speak to the jurors only with the jurors’ consent; jurors
are instructed that they do not need to speak with counsel or anyone else about their deliberations.
For any civil or criminal litigation issues not addressed above, please consult the Local Rules of
Civil and Criminal Procedure for the Eastern District of Pennsylvania, available at
http://www.paed.uscourts.gov
12
