POLICIES AND PROCEDURES1
The Honorable Karen Spencer Marston
United States District Court
Eastern District of Pennsylvania
United States Courthouse
601 Market Street, Room 16613
Philadelphia, Pennsylvania 19106
267-299-7370
[email protected]
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Effective February 2026
TABLE OF CONTENTS
I. PRELIMINARY GENERAL MATTERS ......................................................................... 1
A. Correspondence with the Court ....................................................................................... 1
B. Telephone Conference ....................................................................................................... 1
C. Oral Arguments and Evidentiary Hearings .................................................................... 2
D. Pro Hac Vice Admissions ................................................................................................... 2
E. Use of Electronic Court Filing (ECF)............................................................................... 3
F. Pro Se (Unrepresented) Litigants: Assistance From a Lawyer ..................................... 4
II. CIVIL CASES ........................................................................................................................ 4
A. Pretrial Procedures ............................................................................................................ 4
1. Affirmative Defenses ....................................................................................................... 4
2. Rule 16 Conferences ........................................................................................................ 4
3. Continuances and Extensions ........................................................................................... 6
4. Injunctions ........................................................................................................................ 6
5. Settlement ......................................................................................................................... 7
6. Arbitration Matters ........................................................................................................... 7
7. Stipulations and Proposed Orders .................................................................................... 7
8. Motions to Seal................................................................................................................. 8
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B. Motion Practice .................................................................................................................. 8
1. Dispositive Motions ......................................................................................................... 8
2. Memoranda of Law ........................................................................................................ 10
3. Oral Arguments of Motions ........................................................................................... 10
4. Reply and Sur-reply Briefs ............................................................................................. 10
5. Page Limits..................................................................................................................... 10
6. Amended Pleadings ........................................................................................................ 11
7. Courtesy Copies ............................................................................................................. 11
C. Discovery ........................................................................................................................... 11
1. Length of Discovery Period ........................................................................................... 11
2. Discovery Conferences and Dispute Resolution ............................................................ 11
3. Privilege Logs ................................................................................................................ 12
D. Protective Orders and Confidentiality Agreements ..................................................... 13
E. Final Pretrial Conferences .............................................................................................. 13
F. Trial Procedure ................................................................................................................ 15
1. Scheduling ...................................................................................................................... 15
2. Cases Involving Out-Of-Town Parties or Witnesses ..................................................... 15
3. Conflicts of Counsel ....................................................................................................... 15
4. Jury Selection ................................................................................................................. 15
5. Note-Taking by Jurors .................................................................................................... 15
6. Trial Briefs ..................................................................................................................... 16
7. Motions In Limine .......................................................................................................... 16
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8. Examination of Witnesses Out of Sequence .................................................................. 16
9. Opening Statements and Summations ............................................................................ 16
10. Examination of Witnesses or Argument by More Than One Attorney ...................... 16
11. Videotaped Testimony ................................................................................................ 16
12. Reading of Material into the Record .......................................................................... 17
13. Preparation of Exhibits ............................................................................................... 17
14. Offering Exhibits into Evidence ................................................................................. 17
15. Directed Verdict Motions ........................................................................................... 17
16. Proposed Findings of Fact and Conclusions of Law .................................................. 17
17. Unavailability of Witnesses ........................................................................................ 18
18. Courtroom Protocol .................................................................................................... 18
G. Jury Deliberations ............................................................................................................ 18
1. Written Jury Instructions ................................................................................................ 18
2. Exhibits in the Jury Room .............................................................................................. 18
3. Jury Requests to Read Back Testimony or Replay Tapes .............................................. 19
4. Availability of Counsel During Jury Deliberation ......................................................... 19
5. Polling the Jury............................................................................................................... 19
6. Talking with Jurors Following Verdict .......................................................................... 19
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I. PRELIMINARY GENERAL MATTERS
A. Correspondence with the Court
Counsel and pro se parties should direct communications concerning administrative or
procedural matters to Courtroom Deputies or Chambers. Direct communications with law clerks
is prohibited. Letters may be submitted to the Court via e-mail, but such communications should
be limited to routine matters for which no opposition is anticipated or required. Responsive
letters should only be submitted at the Court’s request. Counsel shall not send copies of
correspondence among and between counsel to the Court.
The Court expects to be promptly advised in writing whenever any case has been
resolved.
B. Telephone Conferences
Judge Marston may hold telephone conferences to resolve scheduling matters, time
extensions, 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 Judge Marston through her Deputy Clerk (via
Chambers line 267-299-7370) 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 Judge
Marston through her Deputy Clerk (via Chambers line 267-299-7370) after all the parties are
present on the call. Counsel and parties are prohibited from recording any conferences or
proceedings, including via any artificial intelligence tool.
When a written communication concerning a case cannot timely address a problem,
counsel may initiate necessary telephone communications with Chambers. Issues appropriately
addressed by telephone contact include:
a. Scheduling of conferences or proceedings, including pretrial and trial
conferences;
b. Attendance of witnesses;
c. Exhibit handling or arrangements for video replay;
d. Arrangements for telephone conferences regarding discovery disputes;
e. Requests for absolutely necessary extensions of time to file any response, reply,
brief, memorandum of law or the like.
Under no circumstances may any party or counsel communicate ex parte with any
Chambers personnel concerning substantive matters.
C. Oral Arguments and Evidentiary Hearings
Judge Marston does not reserve certain days or times for oral arguments or evidentiary
hearings. Judge Marston generally schedules oral argument on dispositive motions and as
otherwise necessary.
D. Pro Hac Vice Admissions
Judge Marston does not accept the standard form made available from the Clerk of
Court. Motions for pro hac vice admission should be made as soon as possible and must be filed
by an attorney: (1) admitted to practice and in good standing before this Court; (2) whose
appearance had been entered in the case in which the motion is made; (3) describing the reasons
the client requires this motion and (4) reciting the positions of all counsel regarding the motion.
If any counsel opposes the motion, they must file their opposition papers within three (3)
business days of the motion’s filing.
The Motion must be accompanied by the affidavit of each attorney seeking pro hac vice
admission swearing:
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a. Year and jurisdiction of each bar admission;
b. Status of the attorney’s admission(s) i.e., active or inactive, in good standing, etc.;
c. Whether the attorney has ever been suspended from the practice of law in any
jurisdiction or received any public reprimand by the highest disciplinary authority of
any bar in which the attorney has been a member;
d. The affiant/declarant (a) has in fact read the most recent edition of the Pennsylvania
Rules of Professional Conduct and the Local Rules of this Court and (b) agrees to be
bound by both sets of Rules for the duration of the case for which pro hac vice
admission is sought; and
e. That, if granted pro hac vice status, the affiant/declarant will in good faith continue to
advise counsel who has moved for the pro hac vice admission of the current status of
the case for which pro hac vice status has been granted and of all material
developments therein.
The admission of counsel pro hac vice does not relieve associate local counsel, or the
attorney moving the admission of responsibility for counsel admitted pro hac vice.
E. Use of Electronic Court Filing (ECF)
The Court expects all counsel (including pro se Plaintiffs or Defendants) to be registered
on the ECF system for the District Court of the Eastern District of Pennsylvania. All official
filings submitted to the Clerk of Court must be filed directly by the filing attorney onto ECF.
The Court’s orders, opinions, and other docketed materials will be filed onto ECF and notice of
the filing will be communicated to counsel either by ECF or ordinary first-class mail. Requests
to be excused from ECF registration must be made in writing directly to Judge Marston.
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When submitting exhibits via ECF, parties should submit each exhibit as a separate
document on the ECF system, rather than as a single file. In addition, when parties submit
exhibits via ECF, they must give each document a name identifying the document. Thus, it is
not sufficient to label a file “Exhibit A.” Instead, the name should identify the document (i.e.,
“Exhibit A_Contract” or “Exhibit A_Declaration of John Smith”).
F. Pro Se (Unrepresented) Litigants: Assistance From a Lawyer
Pro se litigants who are not being formally represented by lawyers, but have received
substantive assistance (i.e. help, guidance, direction or the like with the development of strategy
or tactics, drafted pleadings, motions or briefs, etc.) from an attorney for any material filed with
the Court shall, in the filed material, identify the attorney, the attorney’s contribution to the
filing, and the scope of the attorney’s limited representation. Failure to identify any such
attorney will amount to a representation by the pro se litigant’s submission for which no
substantive assistance from an attorney was received.
II. CIVIL CASES
A. Pretrial Procedures
1. Affirmative Defenses
Parties are reminded that Fed. R. Civ. P. 11 only permits parties to assert affirmative
defenses for which they have a good faith basis. Parties may not assert affirmative defenses
prophylactically.
2. Rule 16 Conferences
The Court will schedule a preliminary pretrial conference as described in Fed. R.
Civ. P. 16 once each defendant has appeared in the case. The Court expects lead trial counsel to
attend the conference in person. If lead counsel is unable to attend for a compelling reason, the
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Court will reschedule the conference. However, any such request must be made as early as
possible and must be based on a pre-existing commitment.
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. Counsel taking part in any pretrial conference must be
prepared to speak on every subject, including settlement, and have authority from their clients to
do so. Counsel shall be prepared to discuss all claims and defenses in detail, as well as all topics
listed in Local Rule of Civil Procedure 16.1(b) and Fed. R. Civ. P. 16(b)–(c) and 26(a), and shall
have a thorough understanding of the facts of the case. The Court will issue a Rule 16
Scheduling Order following the conference.
Pending motions do not stay the parties’ obligations to meet and confer pursuant to Fed.
R. Civ. P. 26(f) or to attend a conference pursuant to Fed. R. Civ. P. 16. The parties should
begin discovery as soon as permitted under the applicable rules, without waiting for the Rule 16
conference and regardless of whether a motion is pending. If a party wishes to stay discovery
during the pendency of a motion, it should present its request in person at the Rule 16
conference. However, the Court will grant a stay of discovery only in extraordinary
circumstances.
A joint status report pursuant to Fed. R. Civ. P. 26(f) is due at least seven (7) days prior
to the Rule 16 conference and must be submitted to the Court via e-mail. The parties must use
the Court’s sample Rule 26(f) form that will be attached to the order scheduling the Rule 16
conference. This form is also available on Judge Marston’s page on the Court’s website.
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Lead counsel shall participate in the Rule 26 conference, attend the Rule 16 conference
and be deemed lead counsel for all future proceedings. A designation of “lead counsel” will
mean the counsel will attend all court proceedings and will deliver an opening statement and
closing argument or summation at trial, absent a written request from the client to have someone
else perform those tasks.
3. Continuances and Extensions
Parties are expected to adhere to all dates contained in the Scheduling Order and set by
the Federal Rules unless there is a compelling reason to justify a change. Counsel should advise
the Court immediately of any compelling reason justifying an extension or continuance of any
scheduled date. Such a request may be made by letter, describing in detail the basis for the
request, noting the agreement or disagreement of all other counsel and setting forth the period of
delay requested. A request for an extension or continuance of the date on which the case is listed
for trial or the deadline for filing dispositive motions will rarely be granted and will only be
considered in extraordinary circumstances. Any such request for an extension or continuance
must be made at least seven (7) days before the applicable deadline or include a showing of
good cause as to why the party making the request could not comply with that
requirement.
4. Injunctions
Judge Marston will promptly list any request for a temporary restraining order (TRO) or a
preliminary injunction assigned to her. Except in cases where the nature of the emergency
precludes it, Judge Marston requires the petitioner to notify the respondent of the nature of the
request for a Temporary Restraining Order and to serve the petition and proposed Order upon the
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respondent. The Court will hold a pre-hearing conference to discuss discovery, narrow the issues
in contention and allocate time for the hearing.
In appropriate cases, Judge Marston permits expedited and intensive discovery in
injunctive matters.
At an argument or hearing on a petition for a TRO or preliminary injunction, Judge
Marston prefers to have proposed findings of fact and conclusions of law before the hearing.
Recognizing that the emergency nature of such a hearing may make this difficult, she may
require proposed findings of fact and conclusions of law no later than twenty-four (24) hours
after such a hearing.
5. Settlement
Settlement may be discussed at the initial Rule 16 status conference and at any
subsequent conference. The Court’s Scheduling Order will refer cases to a Magistrate Judge for a
settlement conference.
6. Arbitration Matters
The Court will generally not conduct a pretrial conference for cases that are assigned to
the Court’s arbitration track. Judge Marston expects the parties to complete all discovery prior to
the date that the Clerk assigns for arbitration. Counsel may seek the assistance of the Court, if
necessary, to complete discovery in advance of the scheduled arbitration date.
If a party seeks a trial de novo after an arbitration, the Court will expect to schedule the
trial within sixty (60) days of the request.
7. Stipulations and Proposed Orders
Contrary to Local Civil Rule 5.1.2(10), all stipulations and proposed orders must be
e-mailed to Chambers rather than sent to the Clerk of Court.
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8. Motions to Seal
The Court will only grant motions to seal upon good cause shown. When submitting a
proposed order for the Court’s approval, the order must contain the following language: “The
Court retains the right to allow disclosure of any subject covered by this stipulation or to modify
this stipulation at any time in the interest of justice.”
B. Motion Practice
Except as set forth here, motion practice will be conducted in accordance with Local Rule
7.1. The originals of all motions and briefs should be filed with the Clerk’s Office.
Every factual assertion considered by the submitting party to be important to that party’s
position in a motion, opposing papers or brief must be supported by citation or other specific
reference to the record where the fact may be found. Legal and record citations must be pinpoint
cites.
1. Dispositive Motions
Before filing a motion pursuant to Fed. R. Civ. P. 12(b)(6), counsel shall first contact
opposing counsel to discuss the substance of the contemplated motion and to provide an
opportunity to cure any alleged pleading deficiencies. This conference shall take place at least
seven (7) days prior to the filing of the motion. If the parties are unable to reach a resolution that
eliminates the need for a 12(b)(6) motion, counsel for the moving party shall include, along with
the 12(b)(6) motion, a certification that the parties met and conferred regarding the alleged
pleading deficiencies. These efforts must include substantive verbal communications, whether
by phone or in person. Exchanges of letters or e-mails are not sufficient. It is not sufficient to
report that opposing counsel was not available or that the parties made “reasonable efforts.” The
Court will deny a 12(b)(6) motion that does not meet these requirements.
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A motion for summary judgment, pursuant to Fed. R. Civ. P. 56, must follow the below
procedures:
a. The movant shall file a Statement of Undisputed Facts which sets forth, in numbered
paragraphs, each material fact which the movant contends is undisputed and provide a
Word version of this document to respondent;
b. Using the Word version of the movant’s Statement of Undisputed Facts, the respondent
shall respond to each numbered paragraph in line. The respondent shall also set forth,
in separate numbered paragraphs, each additional fact which the respondent contends
precludes summary judgment and share a word version with the movant and the movant
shall respond thereto following the same procedure outlined herein;
c. All material facts set forth in the Statement of Undisputed Facts served by the movant
or in the Additional Statement of Undisputed Facts served by the respondent shall be
deemed undisputed unless specifically controverted by the opposing party;
d. Statements of undisputed facts in support of or in opposition to a motion for summary
judgment shall include specific and not general references to the parts of the record
which support each statement. Each stated fact shall cite the source relied upon,
including the title, page and line of the document supporting each statement. Parties
are encouraged to refer to prior paragraphs rather than repeat the allegations contained
therein;
e. Each exhibit should be filed as a separate attachment to the Statement of Undisputed
Facts. A Table of Contents must be included with any set of exhibits submitted in
support of or in opposition to a motion for summary judgment; and
f. All PDF documents filed must be text searchable.
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If the 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, the party must raise such
argument in a contemporaneous Daubert motion.
2. Memoranda of Law
Parties should include, in all memoranda of law, a table of contents, and a table of
authorities.
3. Oral Arguments of Motions
If the Court determines that oral argument will be helpful in deciding a matter, Judge
Marston will schedule it, particularly when it involves a dispositive motion. A party desiring
oral argument should request it by letter or in the body of the motion or responsive pleading.
The Court is likely to hear oral argument on dispositive motions, or if either party requests oral
argument.
4. Reply and Sur-reply Briefs
Reply and sur-reply briefs are strongly discouraged unless it is apparent on the face of the
submission that such additional briefing is necessary to rebut an issue or point of law not
anticipated in or otherwise discussed in the initial briefs. Reply and sur-reply briefs may be filed
without leave of Court. They must be filed and served within seven (7) days of service of the
brief to which the reply or sur-reply responds unless the Court sets a different schedule. Reply
and sur-reply submissions should not contain a repeat recitation of the facts of the case. The
Court will not necessarily delay its decision while awaiting a reply or sur-reply brief.
5. Page Limits
Opening briefs in support of and in opposition to a motion shall not exceed twenty-five
(25) double-spaced pages. Replies and sur-replies must be limited to ten (10) and seven (7)
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pages, respectively. Any request to exceed an applicable page limit must be made at least four
(4) days before the filing is due and may be made through a letter e-mailed to Chambers.
Counsel making such a request should confer with opposing counsel and set forth opposing
counsel’s position in the letter.
6. Amended Pleadings
All amended pleadings and motions to amend a pleading must include a redline showing
the changes made to the original pleading. This redline should be attached as an exhibit to the
amended pleading.
7. Courtesy Copies
The Court generally does not require courtesy copies, with the following two exceptions.
First, for any filings made under seal, the filing party shall send a courtesy copy via e-mail to
Chambers the same day as the filing. Second, for any motions with more than five (5) or more
than fifty (50) pages of exhibits, the parties shall provide the Court with a courtesy copy of the
exhibits within two (2) days of filing. Courtesy copies should be submitted as a hard copy and
on a thumb drive.
C. Discovery
1. Length of Discovery Period
In standard track cases, the Court usually allows from 90 to 120 days from the date of the
Rule 16 conference to complete discovery. If counsel anticipates that additional time for
discovery will be required, they should raise the issue at the Rule 16 conference or any
subsequent status conference.
2. Discovery Conferences and Dispute Resolution
Discovery must be proportional to the needs of the case and should focus specifically on
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obtaining information truly necessary to resolve the litigation. Counsel must carefully and
realistically assess the actual need for the information sought.
Judge Marston urges parties to settle discovery disputes among themselves. However, if
the parties remain unable to resolve a dispute despite making a good faith effort, counsel for the
aggrieved party shall file with the Court a motion in conformity with Local Civil Rule 26.1(b),
with a form of order and short brief, not to exceed five (5) pages (not including exhibits),
describing the dispute. All discovery motions must attach the discovery requests at issue, as well
as the written response. The Court will schedule a telephone conference with counsel to discuss
the motion before the filing of any responsive brief.
In filing a discovery motion, the certificate of counsel must provide specific details of the
parties’ efforts to resolve the dispute informally. These efforts must include verbal
communications, whether by phone or in person. Exchanges of letters or e-mails are not
sufficient. It is not sufficient to report that opposing counsel was not available or that the parties
made “reasonable efforts.” The Court will deny a discovery motion that does not meet these
requirements.
In most cases, the Court expects to rule promptly on discovery motions and often decides
such motions during the telephone conference. All motions must contain the certification
required under Local Civil Rule 26.1(f).
Counsel should call Chambers for any issues that arise during depositions. Counsel
should not walk out of a deposition before making an effort to contact the Court and obtain
guidance.
3. Privilege Logs
Parties preparing privilege logs must provide information sufficient for the opposing
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party to determine the basis for the assertion of privilege. For claims of privilege covering
multiple e-mails, the party asserting privilege must describe the specific e-mails that are being
withheld, as opposed to only the e-mail at the top of the e-mail string, and the basis for
withholding each e-mail. Where several e-mails are exchanged between individuals, and the
same privilege claim applies to all of the e-mails, the party asserting privilege may describe the
e-mails collectively, rather than one-by-one.
D. Protective Orders and Confidentiality Agreements
Any request for a protective order or approval of a confidentiality agreement must be
made by motion. The Court will not accept stipulated proposed orders in lieu of a motion. All
such motions must satisfy the requirements of In re Avandia Mktg., Sales Practices & Prod.
Liab. Litig., 924 F.3d 662, 672-73 (3d Cir. 2019) and Pansy v. Borough of Stroudsberg, 23 F.3d
772, 786 (3d Cir. 1994).
E. Final Pretrial Conferences
Typically, Judge Marston will hold a final pretrial conference approximately two weeks
prior to the trial date. At least seven (7) days prior to the final pretrial conference date, the
parties shall prepare pretrial memoranda and describe in detail the substance of the testimony of
each witness. Identifying a witness as giving testimony on liability and/or damages is
insufficient.
In addition, the memoranda should also include (with the exception of the materials
discussed in section 4 below) the following:
a. All stipulations of counsel;
b. A statement of objection to: (a) the admissibility of any exhibit based on authenticity;
(b) the admissibility of any evidence expected to be offered for any reason (except
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objections to relevancy); (c) the adequacy of the qualifications of an expert witness
expected to testify and (d) the admissibility of any opinion testimony from lay
witnesses pursuant to Fed. R. Evid. 701. Such objection shall describe with
particularity the ground and the authority for the objection.
c. Deposition testimony (including videotaped deposition testimony) that the party
intends to offer during its case-in-chief. The statement should include citations to the
page and line number and the opposing party’s counter-designations.
d. Counsel must prepare one unified and agreed upon set of proposed jury instructions
on substantive issues and one proposed verdict form or set of special interrogatories
to the jury. If counsel cannot agree on a particular instruction, they must submit their
competing versions along with a statement explaining why the Court should give their
proposed instruction. Proposed jury instructions must be tailored and personalized
for the case and should include accurate quotes from, and citations to, cases and
pattern jury instructions where appropriate. If pattern instructions are to be given,
those instructions should be taken from the Third Circuit Model Jury Instructions
wherever possible. United States Supreme Court or Third Circuit Court of Appeals
cases should be cited wherever applicable. In addition to filing the proposed jury
instructions and verdict form on the Court’s docket, the parties must e-mail the
documents in Word format to
[email protected].
Prior to attending any pretrial conference, counsel should confer with each other about
the topics expected to be discussed at the conference, including a substantive discussion of
potential settlement. Counsel are also expected to have discussed with their respective clients
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prior to the conference the issues to be addressed at any conference with the Court and to come
to the conference with all necessary authority.
F. Trial Procedure
1. Scheduling
A date for trial will be determined at the initial Rule 16 conference. Once the trial date is
scheduled, counsel, parties, and witnesses should be ready to start trial on the scheduled date.
Questions relating to scheduling matters should be directed to Judge Marston’s Deputy Clerk.
2. Cases Involving Out-Of-Town Parties or Witnesses
Judge Marston schedules the trial of cases involving out-of-town counsel, parties, or
witnesses in the same manner as all other cases. Counsel are responsible for scheduling their
witnesses.
3. Conflicts of Counsel
Counsel should notify the Court immediately upon hearing of any unavoidable and
compelling professional or personal conflicts affecting the trial schedule.
4. Jury Selection
Judge Marston will conduct voir dire, and will generally allow narrowly-focused follow-
up questions from counsel. Judge Marston generally calls all prospective jurors to sidebar or into
the jury room for individual voir dire after asking general questions that elicit non-verbal
responses. Counsel may submit a set of voir dire questions in writing ten (10) days before the
trial date.
5. Note-Taking by Jurors
Judge Marston permits jurors to take notes.
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6. Trial Briefs
Each party should submit a trial brief on the legal issues involved in the case seven (7)
days prior to the trial date.
7. Motions In Limine
The time for filing motions in limine will be determined at the Rule 16 conference and
will be confirmed in the Scheduling Order. Any brief or memorandum filed in support of or in
opposition to a motion in limine must be limited to five (5) pages of double-spaced 12-point font.
Absent leave of court, a party shall not file more than five (5) motions in limine.
8. Examination of Witnesses Out of Sequence
The Court will permit counsel to examine his or her own witnesses out of turn for the
convenience of a witness.
9. Opening Statements and Summations
Judge Marston will not ordinarily impose strict time limits for opening statements and
summations. However, counsel should strive to keep opening statements under 30 minutes and
summations under 45 minutes.
10. Examination of Witnesses or Argument by More Than One Attorney
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 the opening statement or summation.
11. Videotaped Testimony
Videotaped testimony should begin with the witness being sworn. Counsel should bring
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objections regarding videotaped testimony to the Court’s attention at the time of the filing of
pretrial memoranda. After the Court rules on any objections, counsel should edit the tapes
according to the Court’s order before offering the videotaped testimony at trial.
12. Reading of Material into the Record
Judge Marston will allow the reading of stipulations, pleadings or discovery into the
record when appropriate.
13. Preparation of Exhibits
Exhibits must be pre-marked and exchanged in advance of trial. In civil cases, the
parties will prepare one joint exhibit book with all exhibits that counsel may use at trial. The
joint exhibit book must contain an exhibit list briefly describing each exhibit. Counsel should
provide the joint exhibit book as a hard copy and electronically on a thumb drive to the Court at
the final pretrial conference.
14. Offering Exhibits into Evidence
Unless the parties have an agreement as to the admissibility of a proposed exhibit, a
witness may not testify as to its content until it has been admitted into evidence.
15. Directed Verdict Motions
Motions for judgment as a matter of law in jury trials and motions for an involuntary
dismissal in non-jury trials must be in writing. Oral argument in these motions will ordinarily be
permitted.
16. Proposed Findings of Fact and Conclusions of Law
In non-jury cases, the parties shall submit proposed findings of fact and conclusions of
law as specified in the Scheduling Order. The parties may submit revised or supplemental
findings of fact and conclusions of law with specific reference to trial evidence at the conclusion
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of the case. A schedule for the submission of revised findings of fact and conclusions of law will
be discussed at the conclusion of the trial.
17. Unavailability of Witnesses
If a witness is unavailable at the time of trial, as defined in Fed. R. Civ. P. 32(a)(4), the
Court expects an oral or videotaped deposition to be used at trial for that witness, whether the
witness is a party, a non-party or an expert. The unavailability of such witness will not be a
ground to delay the commencement or progress of trial.
18. Courtroom Protocol
During oral arguments outside the presence of the jury, counsel can address the Court
from counsel table or the podium, at counsel’s discretion. When examining a witness, counsel
should speak from the podium. Counsel should seek permission to approach a witness. Counsel
shall direct all comments and questions to the Court or the witness, not to opposing counsel or
the jury.
The Court does not permit speaking objections. If counsel needs to be heard on a matter
immediately, request a sidebar. The Court generally prefers to avoid sidebars. Therefore, the
Court encourages counsel to raise evidentiary issues at the final pretrial conference or outside the
presence of the jury, whenever possible.
G. Jury Deliberations
1. Written Jury Instructions
The Court may give the jury a copy of the written instructions in appropriate cases.
2. Exhibits in the Jury Room
After the jury has been instructed and taken to the jury room to begin deliberations, the
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Court and counsel will discuss which exhibits should go out with the jury if the jury requests
them.
3. Jury Requests to Read Back Testimony or Replay Tapes
At the jury’s request, the Court may permit the Deputy Clerk to read portions of
testimony back to the jury or to replay the audio or video-taped testimony.
4. Availability of Counsel During Jury Deliberation
Unless excused by the Court, counsel must remain in the general vicinity of the
courthouse and be available on ten (10) minutes’ notice during jury deliberations.
5. Polling the Jury
The Court will poll the jury if requested by counsel.
6. Talking with Jurors Following 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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