The Honorable Joseph F. Leeson, Jr.
United States District Judge
United States District Court
Eastern District of Pennsylvania
Edward N. Cahn U.S. Courthouse and Federal Building
504 West Hamilton Street, Suite 3401
Allentown, Pennsylvania 18101
Telephone: 610-391-7020
Fax: 610-821-1481
[email protected]
POLICIES AND PROCEDURES
August 2017
I. General Information ............................................................................................................ 3
A. Communications with Chambers ............................................................................... 3
B. Stipulations and Consent Decrees .............................................................................. 4
C. Telephone Conferences .............................................................................................. 4
D. Courtesy Copies ........................................................................................................ 4
E. Courtroom Location and Courtroom Technology ..................................................... 4
F. Transcripts.................................................................................................................. 5
G. Requirements of Paper Filings ................................................................................... 5
II. Civil Pretrial Matters .......................................................................................................... 6
A. Initial Pretrial Conference (Fed. R. Civ. P. 16) ........................................................ 6
B. Discovery ................................................................................................................... 6
C. Requests for Extension of Time ................................................................................. 8
D. Confidentiality Agreements ....................................................................................... 8
E. Settlement Conferences ............................................................................................. 8
F. Motions Practice and Briefs – Required Content ...................................................... 8
G. Arbitration .................................................................................................................. 12
H. Final Pretrial Conference ........................................................................................... 12
I. Continuances .............................................................................................................. 13
J. Proposed Voir Dire Questions, Joint Summaries of the Case, Jury
Instructions, and Verdict Forms (or Special Interrogatories) .................................... 13
III. Criminal Pretrial Matters ................................................................................................... 15
A. Motions Practice ........................................................................................................ 15
B. Trial Continuances ..................................................................................................... 15
C. Guilty Pleas ................................................................................................................ 16
D. Pretrial Conferences ................................................................................................... 16
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E. Pretrial Memorandum ................................................................................................ 17
F. Voir dire ..................................................................................................................... 17
G. Jury Instructions and Points for Charge .................................................................... 17
H. Exhibits ..................................................................................................................... 17
IV. Trials .................................................................................................................................... 19
A. General Procedures .................................................................................................... 19
B. Decorum of Counsel .................................................................................................. 20
C. Notetaking by Jurors .................................................................................................. 20
D. Court Seating ............................................................................................................. 20
E. Opening Statements and Closing Arguments ............................................................ 21
F. Witnesses ................................................................................................................... 21
G. Examination of Witnesses.......................................................................................... 21
H. Videotaped Testimony ............................................................................................... 22
I. Reading of Material into the Record .......................................................................... 22
J. Stipulations ................................................................................................................ 22
K. Proposed Findings of Fact and Conclusions of Law – May Be Required in Non-....
Jury Cases .................................................................................................................. 22
L. Objections .................................................................................................................. 23
M. Jury Deliberations ...................................................................................................... 23
V. Criminal Cases - Sentencing ............................................................................................... 24
A. Scheduling.................................................................................................................. 24
B. Continuances .............................................................................................................. 24
C. Sentencing Motions ................................................................................................... 24
D. Sentencing Memoranda (Exclusive of Motions) ....................................................... 24
VI. Miscellaneous Information.................................................................................................. 25
A. Attorney Admissions in Philadelphia and Allentown ................................................ 25
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The Honorable Joseph F. Leeson, Jr.
United States District Judge
United States District Court
Eastern District of Pennsylvania
Edward N. Cahn U.S. Courthouse and Federal Building
504 West Hamilton Street, Suite 3401
Allentown, Pennsylvania 18101
Telephone: 610-391-7020
Fax: 610-821-1481
[email protected]
POLICIES AND PROCEDURES
(General Matters, Civil Cases, and Criminal Cases)
I. GENERAL INFORMATION
A. Communication with Chambers
1. Communications Policy - General Communication with chambers is permitted by
e-mail, telephone, letter, or facsimile regarding scheduling and non-substantive matters only,
with the exception of the procedures for raising discovery disputes with the Court.1 Any
attachments to e-mail communications are to be submitted in Microsoft Word format or pdf
format, unless otherwise specified. All other issues must be addressed by motion or other filing.
Under no circumstances may any party or counsel communicate ex parte with any chambers
personnel concerning substantive matters. Telephone inquiries are to be directed to the civil or
criminal deputy, as appropriate, at the telephone numbers listed below. If the appropriate deputy
is unavailable, attorneys may speak to the law clerks regarding scheduling matters; however, law
clerks may not render advice.
2. Contact for Matters Relating to Civil Case Management and Requesting
Telephone Conferences
Civil Deputy Clerk: Diane J. Abeles
Telephone: 610-391-7020
Fax: 610-821-1481
E-mail:
[email protected] (An e-mail does not constitute a
filing.)
1
See infra Section II(B)(3).
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3. Contact for Matters Relating to Criminal Case Management and Courtroom
Procedures
Criminal/Courtroom Deputy Clerk: Justin F. Wood
Telephone: 610-776-6118
Fax: 610-434-3461
E-mail:
[email protected] (An e-mail does not constitute a
filing.)
B. Stipulations and Consent Decrees
Stipulations, consent decrees, or other documents requiring Court approval or signature
may be in a form using electronic signature. For stipulations concerning extensions of time, the
parties are to refer to Rule 6(b) of the Federal Rules of Civil Procedure requiring Court approval.
Stipulations are not effective until approved by the Court. Stipulations should be sent by e-mail
or facsimile to chambers with a proposed form of order for Court approval. Stipulations should
not be sent to the Clerk of Court. If approved, Judge Leeson forwards the Stipulation and Order
to the Clerk for filing and dissemination to the parties.
C. Telephone Conferences
Telephone conferences are scheduled at the Court’s discretion and may be held to resolve
scheduling matters or discovery disputes. The Court will notify counsel of the date and time for
the telephone conference. In a civil case, counsel for the moving party will be responsible for
initiating the telephone conference and contacting the Judge through the Judge’s Civil Deputy
Clerk after all parties are present on the call. In a criminal case, the United States Attorney’s
Office will be responsible for initiating the call and contacting the Judge through the Judge’s
Criminal Deputy Clerk after all parties are present on the call.
D. Courtesy Copies
Courtesy copies should not be provided to chambers unless specifically required by the
Court.
E. Courtroom Location and Courtroom Technology
1. Allentown All trials and other proceedings will be held at the Edward N. Cahn
U.S. Courthouse and Federal Building, Courtroom C, Third Floor, 504 West Hamilton Street,
Allentown, Pennsylvania 18101.2
2. Courtroom Technology The Judge’s courtroom is not an electronic courtroom.
Requests for Court approval for the parties to provide and pay for (at the parties’ expense)
courtroom technology should be directed to the Criminal/Courtroom Deputy Clerk, Justin F.
Wood. Counsel shall arrange to have all approved electronic equipment in the courtroom and
2
See infra Section IV(A)(1) .
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fully functioning prior to the start of trial. Each party shall be solely responsible for operating its
own electronic equipment.
3. Courtroom Internet Access Counsel and the parties will not have internet access
(wireless or ethernet) in the courtroom. If counsel require internet access, counsel may request
permission to obtain and make arrangements (at the expense of counsel) for an internet provider.
The Court requires advance notice to arrange for building access, if necessary.
F. Transcripts
To request a transcript, please contact the Court’s Transcription Coordinator (267-299-
7041). To order a transcript, you will need the caption of the case or docket number, the exact
date(s) of the proceeding, the name of the presiding judge, and the courtroom location.
G. Requirements of Paper Filings
Papers or other documents filed in this Court, except original or true copies of exhibits,
shall be on paper eight and one-half (8½) inches by eleven (11) inches in size. Any paper or
other document filed shall be sufficient as to format and other physical characteristics if it
substantially complies with the following requirements:
(1) Prepared on white paper (except for covers, dividers, and similar sheets) of good
quality.
(2) The lettering shall be clearly legible and shall not be smaller than 12 point
word processing font, using Times New Roman typeface. The text must be
double spaced, but quotations more than two lines long may be indented and
single-spaced. Headings and footnotes may be single-spaced. The font type and
size used in footnotes shall be the same as that used in the body of the document.
Margins must be at least one inch on all four sides. All pages should be
numbered.
(3) Printed material shall appear on only one (1) side of each page.
(4) Exceptions to the provisions of this rule may be made only upon motion and for
good cause, or in the case of papers filed by a pro se litigant.
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II. CIVIL PRETRIAL MATTERS
A. Initial Pretrial Conference (Fed. R. Civ. P. 16)
1. Scheduling and Required Attendance The initial pretrial conference pursuant to
Rule 16 is an important step in the management of a case and will be scheduled once an answer
is filed or, in some instances, while a motion to dismiss is pending. Unless a substitution is
approved by the Court in advance, lead trial counsel must attend the initial pretrial conference
and must enter an appearance prior to the conference. If lead trial counsel is appearing pro hac
vice, local counsel must also attend the initial pretrial conference. All applications to appear pro
hac vice must be approved prior to the conference. All pretrial conferences will be held in person
in Judge Leeson’s courtroom. Requests to continue an initial pretrial conference or to conduct
such conferences telephonically are discouraged.
2. All Counsel Required to Hold Fed. R. Civ. P. 26(f) Meeting The Court relies 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 should be viewed not as perfunctory but rather as a
meaningful and substantive discussion among professionals to formulate the discovery plan
required by the Rule. Outstanding motions will not excuse counsel from timely holding a
meeting. Prior to the initial pretrial conference, counsel are to discuss the nature and basis of the
parties’ claims and defenses, the possibility of a prompt settlement, and a discovery plan
pursuant to Rule 26(f).
3. All Counsel Required to File Joint Status Report under Fed. R. Civ. P. 26(f) The
parties must complete the “Joint Report By Counsel to the Court of Rule 26(f) Meeting” in the
form found on the Court’s website under the link for “Judges’ Info” – District Court Judges –
Joseph F. Leeson, Jr. and must e-mail the completed report to chambers no later than three (3)
days before the initial pretrial conference.
4. Required Initial Disclosures under Fed. R. Civ. P. 26(a)(1) At the initial pretrial
conference, counsel are to disclose the status of compliance by the parties with the initial
discovery disclosures required by Fed. R. Civ. P. 26(a)(1).
5. Other Matters that Will be Discussed at the Conference At the initial pretrial
conference, counsel must be prepared to discuss the strengths and weaknesses of the case and
must be conversant with the essential facts and issues involved. Motions to dismiss, transfer
venue, and other threshold motions are to be filed before the initial pretrial conference. Counsel
are to be prepared to discuss any pending motions at the conference and, if requested by the
Court, to present legal argument on pending motions. A scheduling order will be issued after the
conference to govern further proceedings in the case.
B. Discovery
1. Discovery Management Parties are to manage discovery pursuant to Federal Rule
of Civil Procedure 26 without involving the Court.
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2. Length of Discovery Period and Extensions Counsel are to commence discovery
in advance of the date of the initial pretrial conference. In standard track cases, the Court may
allow up to 90 days from the date of the initial pretrial conference to complete discovery. In
special management cases, the Court may permit additional time to conduct discovery if, in the
judgment of the Court, the parties identify a justifiable need to do so at the initial pretrial
conference or any subsequent status conference.
3. Discovery Disputes – Telephone Conferences Counsel must exhaustively address
all discovery disputes among themselves before requesting the Court’s intervention. If the
parties are unable to resolve a discovery dispute on their own, counsel are to initially send
correspondence to the Court briefly describing the dispute and the parties’ respective positions
and must certify that all counsel have already made a good faith effort to resolve the issue
themselves as required by Local Rule of Civil Procedure 26.1, which must describe in detail the
efforts the parties made to resolve the dispute on their own. The Court may thereafter schedule a
telephone conference with counsel to address the dispute or direct the parties to file motions and
briefs. If the parties are directed by the Court to file a motion, counsel must certify as part of the
motion that all counsel have already made a good faith effort to resolve the issue themselves as
required by Local Rule of Civil Procedure 26.1.
4. Depositions Depositions are governed by Federal Rule of Civil Procedure 30, and
all parties are expected to be familiar with the Rule and the accompanying notes. The parties are
also encouraged to consult the opinion of Hall v. Clifton Precision, 150 F.R.D. 525 (E.D. Pa.
1993), and the commentary concerning the case that has followed. The parties should observe
the court’s cautionary advice set forth in Hall:
Counsel should never forget that even though the deposition may be
taking place far from a real courtroom, with no black-robed overseer
peering down upon them, as long as the deposition is conducted under
the caption of this court and proceeding under the authority of the rules
of this court, counsel are operating as officers of this court. They should
comport themselves accordingly . . . .
Id. at 531.
5. Expert Reports All expert reports, curricula vitae, and supporting
documentation/information are to be exchanged in advance of trial pursuant to Rule 26(a)(2) of
the Federal Rules of Civil Procedure. The time for exchanging expert reports will ordinarily be
set forth in the Scheduling Order. A violation of the disclosure requirements of the Rule or
Scheduling Order may result in the barring of expert testimony at trial. Any deposition of an
expert under Rule 26(b)(4)(A) must be conducted before the deadline for submission of
dispositive motions.
6. Appointment of a Discovery Master The Court may approve the appointment of a
discovery master in accordance with Rule 53 of the Federal Rules of Civil Procedure.
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C. Requests for Extension of Time
Where compelling circumstances so require, counsel may request an extension of a filing
or other deadline. Deadlines for filing dispositive motions will be extended only in very limited
circumstances and only where absolutely necessary. Counsel must confer with all opposing
counsel prior to requesting an extension. If a request for an extension is unopposed, counsel must
so state and may submit the request through joint stipulation. Opposed requests must so state and
be filed as a motion. Requests for extensions of discovery deadlines are strongly discouraged and
rarely granted.
D. Confidentiality Agreements
The Judge will consider entry of an order approving stipulated confidentiality agreements
or protective orders only if the proposed order explains, in detail, why disclosure would cause a
“clearly defined and serious injury” and defines the categories of information subject to
protection with specificity. See Glenmede Trust Co. v. Thompson, 56 F.3d 476, 483 (3d Cir.
1995) (cautioning that “[b]road allegations of harm, unsubstantiated by specific examples, . . .
will not suffice”); Pansy v. Borough of Stroudsburg, 23 F.3d 772, 786 (3d Cir. 1994); Cipollone
v. Liggett Grp., Inc., 785 F.2d 1108, 1122 & n.17 (3d Cir. 1986). All such orders must contain
the following language (or language substantially similar):
“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.”
E. Settlement Conferences
The possibility of settlement will be addressed at all stages of the proceedings. Pursuant
to Local Rule of Civil Procedure 53.3, the parties are to consider the use of an alternative dispute
resolution process at an appropriate stage in the litigation. The parties are encouraged to request
early referral to a magistrate judge for settlement discussions if they believe it will be productive.
Judge Leeson is also receptive to requests to hold a settlement conference at any step of the
proceedings. Counsel are advised to review Judge Leeson’s “Settlement Conference Policies and
Procedures,” which are available on the Court’s website.
F. Motions Practice and Briefs – Required Content
1. Electronic Case Filing Counsel are to use electronic case filing and comply with
the Court’s Electronic Case Filing (“ECF”) Procedures pursuant to Local Rule of Civil
Procedure 5.1.2, unless excused from ECF registration. Pro se litigants are not required to file
electronically.
2. Briefs – Required Content All briefs shall consist of the following matters,
separately and distinctly titled and in the following order:
(a) Statement of Facts
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(b) Statement of the Questions Involved
(c) Summary of Argument
(d) Argument
(e) Short conclusion stating the precise relief sought
(f) Proposed Order that would grant the precise relief sought
When referring to the record, all briefs must specify the relevant exhibit, page, and line
numbers.
3. Reply Briefs Parties may submit reply briefs without leave of Court in support of
any motion. A reply brief is not to exceed ten (10) pages and is to address only issues raised in
opposition to the motion, without repeating arguments included in the initial brief. Parties shall
file a reply brief no later than seven (7) days after the opposition is served. A party may file a
sur-reply brief only with permission of the Court upon good cause shown. The sur-reply brief
may not exceed five (5) pages.
4. Proposed Order and Certificate of Concurrence or Non-Concurrence A proposed
order shall accompany each motion or other request for relief. The order shall be formatted for
the Judge’s signature (for example, do not include the word “proposed” in the text of the order).
All motions shall be accompanied by a Certificate of Concurrence or Non-Concurrence.
5. Oral Argument If the Court determines that oral argument will be helpful in
deciding a matter, the Judge will schedule it. A party desiring oral argument should request it by
letter or in the body of the motion or responsive pleading. Counsel are encouraged to bring their
clients to oral argument on dispositive motions.
6. Injunctions and Restraining Orders Any request for a temporary restraining order
(“TRO”) or preliminary injunction will be promptly listed for hearing, if the Court determines
that testimony is required. A pre-hearing conference may, in the Court’s discretion, be held with
counsel to discuss any discovery issues and any options available for resolving the request for a
TRO or preliminary injunction. If appropriate, expedited discovery will be ordered. The
following are to be exchanged by counsel, and filed with the Court in advance of any hearing on
a preliminary or permanent injunction:
(a) No later than four (4) business days before the hearing, the moving party
shall furnish to all opposing parties the names, addresses, and employers
of all witnesses, a summary of testimony to be presented by each witness,
any affidavits to be filed in connection with the hearing, and copies of all
exhibits to be submitted at the hearing.
(b) No later than two (2) business days before the hearing, the non-moving
party shall furnish to the moving party the names, addresses, and
employers of all witnesses, a summary of testimony to be presented by
each witness, any affidavits to be filed in connection with the hearing, and
copies of all exhibits to be submitted at the hearing.
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The Court may modify or expedite these requirements when circumstances dictate.
7. Submittal of Proposed Findings of Fact and Conclusions of Law. The parties are
required to submit proposed findings of fact and conclusions of law for TRO and injunction
hearings. The Court will set the time for these submissions at a pre-hearing conference or by
order.
8. Motions for Summary Judgment - Required Statement of Undisputed Material
Facts Any motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil
Procedure must be accompanied by a separate, short, and concise statement, in numbered
paragraphs, of the material facts as to which the moving party contends there is no genuine issue
to be tried. The moving party shall include only those facts that are material to the issues in
dispute in the enumerated statement of facts. The moving party shall accompany each factual
assertion with a citation to the specific portion(s) of the record that support the assertion,
including the exhibit, page, and line numbers. When a factual assertion cites to a deposition
transcript, counsel shall attach a copy of the entire transcript containing the cited testimony to the
motion. The Court will not consider a factual assertion that is not supported by a citation to the
record.
9. Responses to Motions for Summary Judgment - Required Answer to Moving
Party’s Statement of Undisputed Facts A party opposing a motion for summary judgment shall
file a separate, short, and concise statement responding to the numbered paragraphs set forth in
the moving party’s statement of undisputed facts and shall either concede the facts as undisputed
or state that a genuine dispute exists. If the opposing party asserts a genuine dispute exists as to
any fact, the party shall cite to the specific portion(s) of the record that create the dispute,
including the exhibit, page, and line number. The opposing party shall also set forth in
enumerated paragraphs any additional material facts that the party contends preclude summary
judgment. When a factual assertion cites to a deposition transcript, counsel shall attach a copy of
the entire transcript containing the cited text. All facts set forth in the moving party’s statement
of undisputed facts shall be deemed admitted unless controverted.
10. Requests to File Documents under Seal
a. Motion for Permission to File Under Seal A party who seeks to file a
document (or portions thereof) under seal must file a motion for
permission to file the document under seal. The motion must contain the
following items, all of which shall be filed publicly on ECF, with the
exception of an unredacted copy of the document, which shall be filed in
paper copy with the Clerk of Court (see subsection (v) below).
(i) Brief Supporting the Motion
(1) The brief must explain why there is good cause for the
document (or portions thereof) to be sealed. The public has
“a pervasive common law right ‘to inspect and copy . . .
judicial records and documents,’” so the moving party
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“‘bears the burden of showing that the material is the kind
of information that courts will protect’ and that ‘disclosure
will work a clearly defined and serious injury to the party
seeking closure.’” In re Cendant Corp., 260 F.3d 183, 192
(3d Cir. 2001). Mere reference to a stipulation or protective
order that allowed a party to designate certain documents as
confidential during discovery is not sufficient because a
request to seal a document that will be filed with the Court
is subject to a higher standard than a request to protect
material exchanged during pretrial discovery. See Seattle
Times Co. v. Rhinehart, 467 U.S. 20, 33 (1984).
(2) If the reason the document is sought to be sealed is because
an opposing party or a non-party designated the document
as confidential pursuant to a protective order, then the brief
may simply identify the party who designated the document
as confidential. The Court will then direct that party to file
a brief explaining why the document (or portions thereof)
should be sealed.
(ii) Certificate of Concurrence or Non-Concurrence
A certificate of concurrence or non-concurrence must be attached.
(iii) Proposed Order
The proposed order must be narrowly tailored to seal only the
sealable material and must clearly identify, in table format, each
document (or portion thereof) that is sought to be sealed.
(iv) Redacted Version of the Document
A redacted version of the document must be included with the
motion and filed publicly on ECF. A redacted version is not
necessary if the party is seeking to file the entire document under
seal.
(v) Unredacted Version of the Document
The unredacted version of the document should be filed under seal,
which—unlike the rest of the motion—must be filed in paper copy
with the Clerk of Court, with instructions to the Clerk to file the
document as a sealed exhibit to the motion. See E.D. Pa. Local R.
Civ. P. 5.1.2(7) (“Documents ordered to be placed under seal must
be filed in paper copy filed in the traditional manner and not
electronically.”).
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b. Court to Grant or Deny Motion The procedure following issuance of the
Court’s ruling on motion:
(i) Motion is Granted:
The document filed under seal will remain under seal and the
public will have access only to the redacted version, if any, that
accompanied the motion.
(ii) Motion is Denied (in part or in whole):
(1) If the motion to seal was filed by the party who produced
the document:
The document sought to be sealed will remain under seal,
but it will not be considered by the Court unless the moving
party opts to file an unredacted version of the document
publicly on the docket (or, if the motion was denied in part,
unless the moving party opts to file a revised redacted
version of the document that comports with the Court’s
order) within seven (7) days after the motion is denied.
(2) If the motion to seal was filed by a party who received the
document from another party who designated the document
as confidential pursuant to a protective order:
The document will be unsealed and filed publicly on the
docket.
11. Other Motions For all other motions, counsel are expected to follow the
requirements of Local Rule of Civil Procedure 7.1.
G. Arbitration
In cases placed on the Arbitration Case Management Track, the Court will issue a
scheduling order setting a deadline for dispositive motions and a trial de novo date in the event
one is demanded. Arbitrations will be held at the Edward N. Cahn U.S. Courthouse and Federal
Building, Third Floor, 504 West Hamilton Street, Allentown, Pennsylvania.
H. Final Pretrial Conference
The final pretrial conference will be used to resolve any outstanding motions and discuss
voir dire, proposed jury instructions, objections raised in pretrial memoranda, and other trial
procedures. The final pretrial conference date will routinely be set forth in the scheduling order.
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I. Continuances
1. Applications for Continuances Counsel must immediately notify the Court upon
learning of any unavoidable and compelling professional or personal conflicts affecting the trial
schedule. Requests for continuances are strongly discouraged and rarely granted. Counsel must
present good cause for the request. A continuance must be sought as soon as possible. Requests
for continuances must be in writing and should be e-mailed to chambers with a copy to opposing
counsel. If the scheduling conflict pertains to another court matter, counsel is required to identify
the other court, the caption of the other case, the presiding judge in the other case, and the docket
number of the other case. A formal motion is not required.
2. Position of Opposing Counsel Must be Ascertained Before Applying for a
Continuance The party requesting a continuance must present the position of opposing counsel.
J. Proposed Voir Dire Questions, Joint Summaries of the Case, Jury
Instructions, and Verdict Forms (or Special Interrogatories)
If a jury trial is scheduled, the parties will be directed to file with the Clerk of Court and
submit to Chambers electronically in Microsoft Word format all of the following:3
(1) Each Party’s Proposed Voir Dire Questions
a. Conduct of Voir Dire The Court will conduct the preliminary phase of
voir dire, after which counsel may be permitted to ask a brief set of
supplemental questions.
b. American Bar Association Formal Opinion 466: “Lawyer Reviewing
Juror’s Internet Presence” Counsel are permitted to use social media
during jury selection in accordance with American Bar Association (ABA)
Formal Opinion 466, “Lawyer Reviewing Juror’s Internet Presence.”
Specifically, counsel may passively review a juror’s public presence on
the Internet but may not communicate with a juror (or potential juror).
(2) Joint Brief Summary of Case to be Read by the Court to the Jury Pool prior to
Voir Dire One (1) copy of a joint summary of the case for the Court to read at the
beginning of voir dire to advise the venire of the nature of the case and the issues
to be tried. This summary should be very brief (not to exceed a few sentences)
and neutral in tone and content.
(3) Joint Summary of Case to be Read by the Court to the Seated Jury before
Opening Statements One (1) copy of a joint summary of the case and of
applicable law for the Court to read to the jury panel at the beginning of trial to
describe the claims, any counterclaims or defenses, and the elements of each
3
These same requirements will be set forth in the scheduling order governing the case. The material in italics
provides additional commentary about these requirements.
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cause of action. This brief summary should be consistent with Third Circuit
Model Civil Jury Instruction 1.2.
(4) Joint Jury Instructions and Verdict Forms (or Special Interrogatories) One (1)
copy of joint proposed jury instructions on substantive issues, which shall
accurately quote or cite, as applicable, model jury instructions or case citations
from which the instructions were derived, and proposed verdict forms (or special
interrogatories). The proposed instructions shall conform to the Third Circuit’s
Model Jury Instructions, if applicable, unless there is a compelling argument for
deviation.
a. Supplemental Points for Charge Counsel will have the opportunity to file
supplemental points for charge during trial as necessary.
(5) Non-agreed-upon Jury Instructions and Verdict Forms (or Special Interrogatories)
Each party shall submit one (1) copy of proposed jury instructions and verdict
forms (or special interrogatories) on those issues not agreed upon by the parties in
their joint submission, all of which shall be marked to show the specific words on
which the parties do not agree.
a. Oral Argument on non-agreed-upon Materials Argument on disputed
points for charge, jury interrogatories, and the verdict slip will be heard
at the final pretrial conference or, in the Court’s discretion, at the close of
testimony and before closing arguments.
For any civil litigation issues not addressed above, please consult the Local Rules of Civil
Procedure for the Eastern District of Pennsylvania, available at
http://www.paed.uscourts.gov
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III. CRIMINAL PRETRIAL MATTERS4
A. Motions Practice
1. Pretrial Motions Upon the filing of any pretrial motion, the parties shall advise
the Court whether they believe an evidentiary hearing is necessary, and the expected duration of
any testimony, so that the Court can schedule a hearing, if necessary.
2. Briefs – Required Content All briefs shall consist of the following matters,
separately and distinctly titled and in the following order:
(a) Statement of Facts
(b) Statement of the Questions Involved
(c) Summary of Argument
(d) Argument
(e) Short conclusion stating the precise relief sought
(f) Proposed Order that would grant the precise relief sought
When referring to the record, all briefs must specify the relevant exhibit, page, and line
numbers.
3. Reply Briefs Parties may submit reply briefs without leave of Court in support of
any motion. A reply brief is not to exceed ten (10) pages and is to address only issues raised in
opposition to the motion, without repeating arguments included in the initial brief. Parties shall
file a reply brief no later than seven (7) days after the opposition is served. A party may file a
sur-reply brief only with permission of the Court upon good cause shown. The sur-reply brief
may not exceed five (5) pages.
4. Proposed Order and Certificate of Concurrence or Non-Concurrence A proposed
order shall accompany each motion or other request for relief. The order shall be formatted for
the Judge’s signature (for example, do not include the word “proposed” in the text of the order).
All motions shall be accompanied by a Certificate of Concurrence or Non-Concurrence.
5. Pretrial Hearings Suppression and Daubert5 hearings are typically held at least
two weeks prior to trial. The Court may require the parties to file proposed findings of fact and
conclusions of law after the hearing.
B. Trial Continuances
1. Requirements Counsel must immediately notify the Court upon learning of any
unavoidable and compelling professional or personal conflicts affecting the trial schedule, or of
any need for additional time to effectively prepare for trial. Any request for a continuance must
be filed no later than fourteen (14) calendar days in advance of the scheduled trial date, and must
state the amount of time being requested for the continuance. Requests for a continuance must be
4
References to “counsel” herein include defendants acting pro se.
5
Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).
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filed with the Clerk as a motion, stating the specific reasons for the request. If the scheduling
conflict pertains to another court matter, counsel is required to identify the other court, the
presiding judge in the other case, and the docket number of the other case. The motion must
state whether the continuance is opposed or unopposed. Any such motion must be accompanied
by a proposed order. The proposed order must be consistent with the requirements of the Speedy
Trial Act, 18 U.S.C. § 3161(h)(7), and must include a proposed finding that explains in
reasonable detail why the ends of justice served by granting the requested continuance outweigh
the best interest of the public and the defendant in a speedy trial.
2. Written Consent Form If the defendant requests the continuance, the motion
should indicate that the defendant agrees the time is excludable from the speedy trial clock, and
attached to the motion must be a completed “Consent to Continuance of Criminal Trial” form
signed by the defendant. The form can be found on the Court’s website under the link for
“Judges’ Info” – District Court Judges – Joseph F. Leeson, Jr. (www.paed.uscourts.gov/judges-
info/district-court-judges/joseph-f-leeson-jr).
3. Scheduling The Criminal Deputy Clerk handles all scheduling of criminal
matters.
C. Guilty Pleas
1. Documents to be Submitted to the Court At least seven (7) calendar days prior to
the plea hearing, the Government must file a guilty plea memorandum. A copy of the
acknowledgment of rights and guilty plea agreement, if any, must also be submitted to the court
at least seven (7) calendar days prior to the plea hearing, and may be emailed to the Criminal
Deputy Clerk. These documents will be filed with the Clerk after the plea hearing.
2. Requirements of Guilty Plea Agreement 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 the Court whether the plea is
entered pursuant to Federal Rule of Criminal Procedure 11(c)(1)(A), (B) or (C). The guilty plea
agreement should advise the defendant of the maximum punishments, of any mandatory
minimum punishments, and of his appellate rights.
3. Government to Submit Guilty Plea Memorandum The Government’s guilty plea
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 and any mandatory
minimum punishments for each offense, the terms of any plea agreement, and the factual basis
for the plea.
D. Pretrial Conferences
If it appears that the case will procced to trial, the Court will hold a pretrial conference
approximately one week prior to the trial date. The pretrial conference will be used to resolve
any outstanding motions and to discuss voir dire, proposed jury instructions, anticipated legal
issues raised in the pretrial memorandum, and other trial procedures.
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E. Pretrial Memorandum
At least seven (7) calendar days prior to the trial date, the Government must file a pretrial
memorandum setting forth the essential elements of the offense(s) and any anticipated legal
issues. The defendant is not required to file a pretrial memorandum but may do so.
F. Voir dire
1. Voir dire Questions The Court conducts voir dire. Proposed voir dire questions
must be submitted in advance of trial, but counsel may submit additional questions, if necessary,
during the voir dire proceedings.
2. American Bar Association Formal Opinion 466: “Lawyer Reviewing Juror’s
Internet Presence” Counsel are permitted to use social media during jury selection in accordance
with American Bar Association (ABA) Formal Opinion 466, “Lawyer Reviewing Juror’s
Internet Presence.” Specifically, counsel may passively review a juror’s public presence on the
Internet but may not communicate with a juror (or potential juror). 6
G. Jury Instructions and Points for Charge
1. Conformity Proposed jury instructions shall conform to the Third Circuit Pattern
Jury Instructions unless there is a compelling argument for deviation.
2. Supplemental Points for Charge Counsel will have the opportunity to file
supplemental points for charge during trial, as necessary.
H. Exhibits
1. Binders Counsel for the Government and for the defendant shall pre-mark all trial
exhibits. At the time of trial, counsel shall provide a copy of all exhibits to opposing counsel, if
not previously provided. Counsel shall also provide the Court with three (3) copies of an exhibit
binder including all exhibits (one binder for the Judge, one for the Judge’s law clerk, and one for
the witness). In the event there is a tangible exhibit, such as a firearm or controlled substance,
counsel shall include a place holder in the binder identifying the exhibit. Each binder shall
include a table of contents listing all exhibits.
2. Custody In all cases where money, firearms, narcotics, controlled substances or
any matter of contraband is introduced into evidence, such evidence shall be maintained for
safekeeping by law enforcement during all times when court is not in session, and at the
conclusion of the case.
6
Although a pro se defendant is not technically bound by the Rules of Professional Conduct, all pro se defendants
are also prohibited from communicating, directly or indirectly, with any juror or potential juror without the prior
permission of the court. See Prude v. Pollard, No. 13-cv-512, 2014 U.S. Dist. LEXIS 89991, at *29 (W.D. Wis.
July 2, 2014) (discussing Local Rule 47.2 regarding juror contact).
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3. Conclusion of Trial Unless there is an objection from opposing counsel placed on
the record, upon approval of the Court, exhibits may be released at the close of trial to the
custody of the party who offered them. Counsel for any party that offered into evidence tangible
property, enlargements, or other large or bulky items shall take immediate possession. Counsel
shall maintain custody of all released exhibits in its possession until the final disposition of all
appeals and retrials, if any. Any exhibits that are not picked up by counsel or the parties will
remain in the court’s possession until the final disposition of all appeals and retrials, if any, or
the appeal period expires. Any exhibits that are not picked up within seventy-two (72) hours
thereafter will be destroyed.
For any criminal litigation issues not addressed above, please consult the Local Rules of
Criminal Procedure for the Eastern District of Pennsylvania, available at
http://www.paed.uscourts.gov
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IV. TRIALS
A. General Procedures
1. Trial Location Jury selection for jury trials shall occur at the James A. Byrne U.S.
Courthouse, 601 Market Street, Philadelphia, Pennsylvania 19106 on the first day of trial. The
second and all subsequent trial days shall be held at the Edward N. Cahn U.S. Courthouse and
Federal Building, Courtroom C, Third Floor, 504 West Hamilton Street, Allentown,
Pennsylvania 18101.
2. Scheduling of Trial Date The scheduling order will assign a trial date. A final
pretrial conference will typically be scheduled for the week preceding the trial date. Jury
selection will ordinarily occur the Monday after the pretrial conference, with the trial starting
immediately thereafter. All parties, witnesses, and counsel can expect their cases to be tried on
the specified trial date and should arrange their schedules accordingly. If the trial does not
commence on that date, the case will be placed in the trial pool and all attorneys and parties shall
be on-call and ready to proceed on 24 hours’ notice from the Court. In appropriate cases, time
limits may be imposed on the parties’ trial presentations. See Duquesne Light Co. v.
Westinghouse Elec. Corp., 66 F.3d 604, 609-10 (3d Cir. 1995).
3. Witness Scheduling Trial of cases involving out-of-town counsel, parties, or
witnesses is generally scheduled in the same manner as all other cases. Counsel are responsible
for the scheduling of witnesses. Do not run out of witnesses during a trial day, or the Court may
determine that the party has rested its case. Requests for early adjournment of a trial day will not
ordinarily be granted.
4. Court Start and End Times Court normally begins at 9:00 a.m. The Court will
make every effort to commence proceedings on time. Counsel, parties, and witnesses shall be on
time. Court normally adjourns at 5:00 p.m.
5. Civility Civility is the foundation of all courtroom procedures and will be
expected at all times. Counsel and the parties shall rise when the Judge and the jury enter and
leave the courtroom.
6. Proper Attire Counsel should instruct witnesses and parties to wear proper attire
to court. Shorts, tank tops, etc. are not permitted attire. Witnesses or parties not properly attired
may be excluded from the courtroom. In criminal cases, defense counsel must make
arrangements to secure civilian clothes for the defendant so that the defendant does not appear in
prison clothes in front of the jury.
7. Cell Phones and Electronic Devices to be Turned Off Cell phones and other
electronic devices must be turned off (not on silent or vibrate mode) before entering the
courtroom. Recording or taking photographs in the courtroom is strictly prohibited. A violation
of these rules may result in confiscation of the cell phone or device and prosecution. Attorneys
are responsible for their own electronic devices and those of their witnesses and clients.
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8. Food, Drink, and Chewing Gum Prohibited in Courtroom Food, drink, and
chewing gum are prohibited in the courtroom and witnesses are to be so instructed by counsel.
B. Decorum of Counsel
1. Proper Attire and Professional Conduct Counsel shall dress in an appropriate
professional manner. The parties shall conduct the trial in a dignified and formal manner.
Counsel shall not raise their voices any louder than is necessary to be clearly heard by the Court,
witnesses, and the jury. All remarks are to be addressed to the Court and not opposing counsel.
Counsel should never act or speak disrespectfully to the Court or opposing counsel.
2. Courtesy Counsel’s demeanor should be one of courtesy and professionalism.
Counsel shall not exhibit familiarity with the parties, jurors, or opposing counsel and are to avoid
using first names. During opening statements and closing arguments, no juror is to be addressed
individually or by name. Neither counsel nor the parties by body language or facial expression
shall convey their reaction to the testimony of a witness.
3. Counsel Addressing the Court Counsel must rise to address the Court.
C. Notetaking by Jurors
Although notetaking is generally not permitted, in appropriate cases, notetaking by jurors
may be permitted by the Court.
D. Court Seating
1. Party with Burden of Proof Seated Closest to Jury Box Under local practice, the
party with the burden of proof (generally the plaintiff in civil cases, the government in criminal
cases) is seated at the table closest to the jury box.
2. Special Requests for Seating Arrangements Any requests concerning seating
(e.g., requests for more than one counsel table or special requests for seating, visual aids, etc.)
are to be submitted to the Criminal/Courtroom Deputy Clerk, Justin F. Wood, at least one week
before trial.
3. Seating Arrangements for Counsel, Parties, and Witnesses Only counsel and
parties, if desired, may sit at counsel table. Witnesses shall sit in the spectator section only,
unless otherwise authorized by the Court. If any party desires sequestration, the party shall move
for sequestration at the outset of the trial. If the Court orders sequestration, all witnesses for all
parties shall be sequestered. Counsel are responsible for informing their non-party witnesses that
they should remain outside the courtroom until called, and that they should not discuss their
testimony with other witnesses until the trial is concluded.
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E. Opening Statements and Closing Arguments
In most cases, the Court permits up to 30 minutes for an opening statement and up to 45
minutes for a closing argument. Plaintiff’s counsel must reserve time from his or her closing to
use for rebuttal. The failure to reserve time for rebuttal will constitute a waiver of rebuttal. In
civil cases, the Court generally follows Local Rule of Civil Procedure 39.1. In criminal cases, the
Court follows Rule 29.1 of the Federal Rules of Criminal Procedure.
F. Witnesses
1. Courtesy to be Shown at All Times to All Witnesses The rule of civility is
absolute in addressing witnesses, whether on direct or cross examination. Witnesses are to be
treated with fairness and consideration; they are not to be shouted at, ridiculed, or abused in any
manner. Counsel may not approach a witness without leave of court. Counsel shall be
responsible for making arrangements to have their witness present in the courtroom when the
witness is called to testify.
2. Witness to Speak into Microphone Counsel must ensure that a witness is
speaking into the microphone for ease of recording and hearing. Court proceedings are
electronically recorded; therefore it is important that all witnesses speak into the microphone.
3. Witnesses to be Ready; Discussions by Counsel with Witnesses During Witness
Breaks If a witness was on the stand at a recess or adjournment, the witness should be on the
witness stand ready to proceed when court resumes. Counsel are reminded that they may not
discuss a witness’s testimony with him or her once that witness has begun testifying until the
witness is excused.
4. Witness Scheduling If there will be a problem with the scheduling of any
witness, counsel should inform the Court at the pretrial conference or at the beginning of that
day’s proceedings. The Court may permit counsel to examine his/her own witnesses out of turn
for the convenience of a witness.
G. Examination of Witnesses
1. Witness to State and Spell Name After the witness is sworn, if counsel has not
already done so, the Court will ask the witness to state and spell his or her name for the benefit
of the ESR operator. The Court will then allow counsel to proceed with questioning the witness.
2. Counsel Should Stand to Examine Witnesses and Speak into Microphone
Counsel should stand to examine witnesses unless counsel has obtained the Court’s permission
to proceed otherwise. Since all court proceedings are electronically recorded, it is important for
counsel to speak into one of the courtroom microphones. Counsel may request permission to use
a lectern from which to examine witnesses.
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3. Restrictions on Multiple Attorneys for One Party More than one attorney for a
party may examine different witnesses or argue different points of law before the Court. Only
one attorney for each side may examine the same witness or address the jury during opening
statements or closing arguments.
4. Direct, Cross, and Re-Direct Examination The Court permits direct, cross, and re-
direct examination of a witness. Re-cross examination is permitted only “[w]here new evidence
is opened up on re-direct examination.” See United States v. Riggi, 951 F.2d 1368, 1375 (3d Cir.
1991) (explaining that “the privilege of recross-examination as to matters not covered on redirect
examination lies within the trial court’s discretion” (citation omitted)).
5. Prior Written Statements of Witness If counsel wishes to examine a witness on
the basis of a prior written statement made by the witness, the witness shall first be shown the
statement and asked whether he or she acknowledges having made it.
6. Deposition of Witness If counsel wishes to cross-examine a witness on the basis
of a deposition, counsel must give a copy of the deposition to the witness, who will be permitted
to read the deposition and to adopt or deny the testimony before counsel may proceed with cross-
examination.
H. Videotaped Testimony
Videotaped testimony is to begin with the witness being sworn. Counsel are to bring
objections to the Court’s attention at the time of the final pretrial conference. After the Court
rules on any objections, counsel is required to edit the video recording before offering the
videotaped testimony at trial.
I. Reading of Material into the Record
The Court has no special practice or policy regarding reading stipulations, pleadings, or
discovery material into the record at trial. Admissions, pleadings, requests for admissions,
admissions of parties contained in depositions, and answers to interrogatories are not part of the
evidence at trial unless counsel moves for their admission and the Court admits them.
J. Stipulations
Counsel are strongly encouraged to stipulate to as many matters as possible before trial,
including undisputed facts, exhibits, jury instructions, and special interrogatories, if any.
K. Proposed Findings of Fact and Conclusions of Law – May Be Required in
Non-Jury Cases
If the parties are directed to file proposed findings of fact and conclusions of law, all
proposed findings of fact shall cite to specific pages and lines of the transcript where the
proposed findings of fact appear.
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L. Objections
1. Manner of Stating Objection When objecting, counsel should only state
“objection” and cite to the evidentiary rule or principle upon which the objection is based in a
word or two. Counsel are not to offer argument or explanation in front of the jury unless
requested to do so by the Court. The Court will not permit counsel to state additional reasons for
an objection after the Court has ruled.
2. Sidebar Conferences If necessary, particularly in instances where the Court
requires argument or explanation about a particular objection, the Court may ask the parties to
approach for a sidebar conference. In civil cases, sidebar conferences are discouraged and are
rarely authorized. In criminal cases, however, counsel is directed to request a sidebar conference
whenever necessary to avoid mentioning potentially prejudicial matters in front of the jury. The
Court will not permit counsel to argue objections in the hearing of the jury or witnesses.
Sensitive or highly controverted matters involving evidentiary objections should be brought to
the attention of the Court before the commencement of trial, or on the morning of trial, before
the jury enters the courtroom.
M. Jury Deliberations
1. Trial Exhibits Exhibits do not ordinarily go out with the jury during
deliberations; however, upon request the Court may hear argument on whether particular exhibits
should go out with the jury. Jury requests to examine any exhibit will be addressed as they arise.
2. Location of Counsel and Clients During jury deliberations, counsel and the
parties may not leave the courthouse without seeking advance permission from the Court.
Counsel are required to provide their cell phone numbers to the Courtroom Deputy Clerk. If the
Court grants permission for counsel and the parties to leave the courthouse, they must be able to
return to the courthouse within five (5) to ten (10) minutes.
3. Polling the Jury If requested by counsel, the Court will poll the jury.
4. Interviewing of Jurors after Verdict Counsel are permitted to interview jurors
after the verdict, but the Court will instruct the jury that they are not required to talk to the
attorneys.
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V. CRIMINAL CASES- SENTENCING
A. Scheduling
Sentencing will be scheduled on the day the Court accepts a defendant’s guilty plea or
after a defendant is convicted at trial. Sentencing will generally take place one hundred ten (110)
days after a guilty plea or trial.
B. Continuances
If, after receiving a first continuance, counsel for both the Government and defense
believe that good cause exists for an additional continuance, counsel may jointly submit a
request for an additional continuance. No motion is necessary, and the request may be emailed
in lieu of a motion. All continuance requests should be directed to the Criminal/Courtroom
Deputy Clerk, Justin F. Wood at
[email protected].
C. Sentencing Motions
All counsel must file any sentencing motions and supporting memoranda at least fourteen
(14) calendar days prior to the scheduled sentencing date, and any response thereto must be filed
at least seven (7) calendar days prior to the scheduled sentencing date. The memorandum must
set forth any legal authority relied upon by the party. Counsel shall serve a copy on the United
States Probation Office.
D. Sentencing Memoranda (Exclusive of Motions)
Sentencing memoranda (exclusive of motions) must be filed no later than seven (7)
calendar days before the scheduled sentencing date. All letters and exhibits must be included.
Any responses thereto must be filed at least three (3) calendar days prior to the scheduled
sentencing date. Counsel shall serve a copy on the United States Probation Office.
For any criminal litigation issues not addressed above, please consult the Local Rules of
Criminal Procedure for the Eastern District of Pennsylvania, available at
http://www.paed.uscourts.gov
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VI. MISCELLANEOUS INFORMATION
A. Attorney Admissions in Philadelphia and Allentown
1. Attorney Admissions Application. The Attorney Admissions Application is
available on the Court’s website (www.paed.uscourts.gov/documents2/forms/forms-
miscellaneous). Applicants are to bring the completed form on the scheduled attorney admission
ceremony date. The form is also available in the Clerk’s Office.
2. Attorney Admissions in Philadelphia. Attorney admission ceremonies in
Philadelphia will occur on the date and time indicated on the Court’s website
(www.paed.uscourts.gov/services/attorney-info). The applicant and sponsor should report to the
Clerk’s Office, Room 2609 (second floor), thirty (30) minutes prior to the scheduled admission
time.
3. Attorney Admissions in Allentown. Attorney admission ceremonies in Allentown
will occur by appointment only. Arrangements should be made with Judge Leeson’s Civil
Deputy Clerk, Diane J. Abeles (610-391-7020) to schedule a date and time for the ceremony.
The applicant and sponsor should report to the Clerk’s Office, Room 1601 (first floor), thirty
(30) minutes prior to the scheduled admission time, pay the admission fee, and bring a receipt for
payment to the admissions ceremony.
4. Attorney Admissions Information. For additional information concerning
attorney admissions, please see the FAQs on the Court’s website (www.paed.uscourts.gov).
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