UNITED STATES DISTRICT COURT
Eastern District of Pennsylvania
JUDGE SAVAGE=S TRIAL PROCEDURES
1. Scheduling of Cases
The Scheduling Order will set a date certain for trial or the date when the case will
be placed in the trial pool. For cases in the trial pool, counsel must be prepared to
commence trial upon 48 hours notice.
2. Voir Dire
Counsel must discuss voir dire questions and resolve any differences the day
before jury selection. If they cannot agree, counsel must advise the deputy clerk that the
judge must rule upon the disputed issues.
3. Trial Objections and Sidebars
Speaking objections are not permitted. Objections shall be made by reciting the
appropriate rule number or a one word basis.
Sidebar conferences are discouraged and are rarely permitted. Only
unanticipated issues will necessitate a sidebar conference.
4. Motions in Limine
Motions in limine must be filed by the deadline set in the Scheduling Order. Rulings
upon such motions are usually made before or at the final pretrial conference.
5. Opening Statements and Summations
Time limits on opening statements and summations are generally not fixed.
However, depending upon the issues in the case and the length of the trial, time limits
may be imposed.
Rebuttal must not be a rehashing of closing argument.
6. Examination of Witnesses by More Than One Attorney
Only one attorney for a party may examine the same witness or argue the same
legal point. More than one attorney for a party may examine different witnesses or argue
different legal points.
7. Offers of Proof
Counsel must confer privately to resolve any unanticipated evidentiary issues that
may arise during trial. Only if they are unable to reach agreement should counsel bring
the matter to the deputy clerk=s attention at the beginning of the day or during an
appropriate break when the jury is not present.
8. Videotaped Testimony
Counsel must discuss in advance of trial all objections to the presentation of
videotaped testimony to resolve all conflicts. If counsel cannot resolve their
disagreements, they should present any outstanding disagreements at least ten days
prior to the final pretrial conference by providing a transcript of the testimony with the
challenged question and answer highlighted, and a list setting forth each objection by
page and line numbers and the basis for the objection.
The videotape must be edited prior to trial to eliminate pauses and speed-ups so
there are no interruptions. Counsel must arrange with the deputy clerk a date and time
before the trial date to test and learn to operate the courtroom equipment.
9. Reading of Material into the Record
There is no special practice or policy for reading stipulations, pleadings or
discovery material into the record. Reading of material into the record may be done in a
manner agreed upon by Judge Savage and counsel.
10. Preparation of Exhibits
At the final pretrial conference, the parties shall provide the Court with one copy
of each exhibit and two copies of a schedule of exhibits which shall briefly describe each
exhibit. At the trial, the parties must provide the court with an additional copy of each
exhibit. Exhibits shall be tabbed in a three-ring binder containing all exhibits numbered
consecutively.
11. Offering Exhibits into Evidence
Exhibits are admitted into evidence at the close of each party=s case-in-chief and
not during testimony or after the exhibit is identified. Counsel should review the exhibits in
advance so that agreed upon exhibits can be admitted quickly and disputed exhibits ruled
upon at the conclusion of the party=s case.
Exhibits may be published to the jury at the end of the party=s examination of the
witness or prior to a break. If the exhibit is necessary to explain the testimony, Judge
Savage may permit it to be published during the testimony. Permission must be sought
prior to the witness taking the stand.
12. Proposed Jury Instructions and Verdict Forms
Counsel must meet and discuss proposed jury instructions for the purpose of
submitting agreed-upon jury instructions and verdict forms. Proposed instructions
should cover only the substantive issues regarding the elements of each cause of action
and each defense. Basic instructions, such as the burden of proof, credibility and
procedure, should not be submitted. Counsel are expected to cooperate in the
preparation of the joint proposed instructions. Failure to cooperate in the process will
result in the imposition of sanctions.
Submitting a proposed point does not constitute a waiver of objection. Counsel are
instructed to work on proposed instructions regardless of counsel=s position with respect
to a point=s applicability. If the Court sustains an objection to a particular instruction, it will
not be submitted to the jury. Objections to jointly submitted points will be discussed and
ruled upon at the charging conference.
If counsel cannot agree, proposed alternative instructions must be submitted with
authority for each instruction. If a model jury instruction is used, the party submitting it
shall state whether the proposed instruction is unchanged or modified. If a party
modifies a model instruction, additions shall be underlined and deletions shall be placed
in brackets.
13. Proposed Findings of Fact and Conclusions of Law
In a non-jury trial, the parties shall file a stipulation of uncontested facts. Each
party shall submit proposed findings of fact and conclusions of law.
14. Exhibits in the Jury Room
After the jury has retired to deliberate, counsel shall review the exhibits to
determine which exhibits will go out with the jury. If counsel cannot agree, they should
request a ruling immediately after the jury retires to the deliberations room.
15. Availability of Counsel During Jury Deliberations
Counsel must be available upon fifteen (15) minutes notice during jury
deliberations. As a practical matter, this means that counsel must stay in or near the
courthouse.
16. Interviewing the Jury
After a verdict has been recorded and the jury has been discharged, counsel may
request to interview jurors. The jurors are told that they are permitted to talk to counsel if
they desire, but they need not do so. Counsel shall respect the jurors’ desire not to
speak to them.
