PRACTICES AND PROCEDURES OF
JUDGE ROBERT J. COLVILLE
I. GENERAL MATTERS
A. Communications with the Court
Communication with the Court shall be in the form of motions (rather than letters
to Chambers), accompanied by a proposed order specifying the relief requested. In
an emergency situation, counsel should telephone Chambers. The Court should not
be copied on correspondence between counsel.
B. Communications with Law Clerks and Other Staff
Communications with law clerks, the Judicial Assistant, and the Courtroom Deputy
Clerk concerning the administration, not the merits, of a case, or to request a status
conference, are permissible. Such inquiries include those pertaining to the status
of any pending matter. Counsel must affirmatively confirm that any
communication is with the knowledge and concurrence of all parties.
C. Filing and Service on CM/ECF
Counsel (not the Court) is responsible for the filing of all pleadings, documents, or
any other material provided to the Court and/or the Clerk, and for service upon
opposing counsel or pro se parties. The Court is not responsible for filing and/or
service of pleadings, documents or any other material of the parties. All filings
must be made on the District’s CM/ECF electronic filing system, unless otherwise
permitted or directed by the Local Rules of Court. For guidelines and information
on CM/ECF, and how to become a registered user of the system, please refer to
https://www.pawd.uscourts.gov and click on the CM/ECF Electronic Filing tab.
The Court may require any pro se litigant to become a registered CM/ECF user.
D. ADR
The Court follows the ADR Policies and Procedures available on the Court’s
website (https://www.pawd.uscourts.gov). For cause shown, specific to a given
case, the Court may adjust the ADR timeline and procedures.
E. Telephone Conferences
Requests for attorneys and parties to participate in conferences by telephone will
be considered on a case-by-case basis. Unless otherwise ordered by the Court,
however, settlement conferences, final pretrial conferences, and oral arguments will
not ordinarily be conducted by telephone. Lead trial counsel, parties, and any
authorized insurance representatives are expected to appear in person for noticed
settlement conferences.
When warranted, the court will provide a conference call-in number to the parties
prior to the conference.
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F. Pro Hac Vice Admissions
Pro hac vice motions should be filed of record and are routinely granted if all of the
requirements of Local Rule 83.2.B are met.
G. Comments to the Media
Counsel are expected to adhere to the Rules of Professional Conduct in all respects,
including their dealings with the media as they relate to any matter.
H. Amendment of Practices and Procedures
The Court’s Practices and Procedures are available online and will be updated
periodically. Counsel are responsible for keeping informed of any such changes.
I. Consultation by Counsel/Attendance of Necessary Counsel
All counsel are expected to confer with one another prior to any conference with
the Court to review any issue which may be raised by counsel at such conference
and to provide to one another their respective positions on all such matters. All
parties (other than those proceeding pro se) shall be represented at any conference
by counsel who is a member of the Bar of this Court (or who has been or will be
admitted specially), has entered an appearance, and is sufficiently familiar with all
legal and factual matters involved in the action. At any conference, counsel shall
be prepared to discuss in detail and argue any pending motions, and to discuss
settlement.
J. Pronouns and Titles
Should any participant wish to be addressed by a particular pronoun or title,
responsible counsel (or any unrepresented party) may contact the Court via email
to
[email protected], indicating the specified participant’s pronoun
and/or title preferences (i.e., he, she, they etc., and/or Mr., Ms., Mrs., Mx., etc.).
II. MOTION PRACTICE
A. Oral Argument
Motions may be decided with or without oral argument as determined by the Court.
Any party believing that oral argument will materially advance the decisional
process may so advise the Court and request argument.
B. Proposed Orders
In accordance with local rules, each and every motion shall be accompanied by a
proposed order of court. The order of court shall include language detailing the
specific relief sought, and not simply that the motion “is granted.”
C. Briefs, Responses and Replies, and Page Limits
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See Judge Colville’s Standing Order and Procedures on Civil Motion Practice
(available online at https://www.pawd.uscourts.gov).
D. Chambers Copies of Motion Papers
See Judge Colville’s Standing Order and Procedures on Civil Motion Practice
(available online at https://www.pawd.uscourts.gov).
E. Magistrate Judges’ Reports and Recommendations
Reports and Recommendations to which objections have been filed will usually not
be decided until a response is filed by the non-objecting party (or opposite party if
both object), unless no objections are filed in a timely manner, or the Court
concludes that the objections are without merit. Briefs in support of or in response
to Objections are permitted. Such briefs shall not exceed fifteen (15) pages. If no
Objections have been timely filed, a decision will be made solely on the basis of
the Report and Recommendation, the previously filed briefs, and the record.
F. Evidentiary Hearings
Hearings necessitated by pretrial or other motions will be held as ordered by the
Court. Any party whose motion relies in any part on a contested factual issue
should request a hearing on the matter, and be prepared to offer evidence at any
hearing on the motion if scheduled.
G. Motions in Limine/ Daubert Motions
Deadlines for filing motions in limine and Daubert motions, with their respective
supporting briefs and proposed orders of court, will be set forth in the pretrial or
post-discovery scheduling orders. Motions in limine will be ruled upon in advance
of trial, when possible.
H. Motions for Leave to Amend Pleadings
Parties should comply with Third Circuit precedent and attach a copy of the draft
amended pleading to any motion to amend. The motion shall state the position of
all other parties to the motion. The motion shall set forth why such amendment is
supported by new law or newly discovered facts.
I. Motions to Seal
All motions to seal any document or proceeding must set forth the specific factual
and legal basis and necessity for sealing under prevailing law. Any Order sealing
any matter is subject to being vacated upon the motions of any party, any interested
person, or by the Court on its own motion. Absent exceptional circumstances, any
proposed Order must include this language: “This Order may be vacated and
sealing lifted for cause shown upon the motion of any party or other person with a
recognized interest, or after due notice by the Court upon the Court’s own motion.”
The parties are reminded that all proceedings in federal court are presumptively
open to the public, including those in which “sealed” material may be discussed.
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III. CIVIL CASES
A. Pretrial Procedures
1. Local Rule 16.1
The Court uses a standard case management order form based upon Local
Rule 16.1. Pretrial Statements must comply with Local Rule 16.1.C.
2. Joint Pre-Conference Statement
At least five (5) business days prior to a scheduled initial case
management conference and/or post-discovery status conference, the
parties shall file on the docket a joint pre-conference statement. The pre-
conference statement shall not exceed three (3) pages, and shall include the
following:
a. A brief statement of the facts of the case;
b. A brief statement of the claims and defenses;
c. A brief statement respecting the status of the exchange of
pertinent documentation and/or discovery;
d. An estimate of the cost and time to be expended for trial; and
e. The relief sought.
3. Voluntary Position Statement
Any party may supplement the joint pre-conference statement with an
individually filed voluntary position statement (not to exceed 8 pages),
which may include greater detail respecting the claims and defenses, a
forthright evaluation of the filing party’s likelihood of prevailing on the
claims and defenses, a description of the major issues in dispute, any
anticipated motions, and, when possible, any non-confidential information
respecting the filing party’s position on settlement, including the filing
party’s present demand or offer and history of the filing party’s past
settlement positions. The filing of a voluntary position statement is
optional, and is by no means required.
4. Initial Case Management Conference
An initial case management conference is ordinarily scheduled within thirty
(30) days of the filing of answers by all defendants, if not sooner. Lead trial
counsel are required to participate in the conference. The Court shall
presumptively schedule said conferences by telephone unless counsel
request, and the Court agrees, that an in-person conference is warranted.
The following matters are generally discussed at the initial case
management conference: (1) length of time needed for discovery; (2)
handling of expert witnesses; (3) ADR/settlement elections; (4) the Court’s
standing Order on Motions Practice; and (5) dates that will control pretrial
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scheduling. After the initial case management conference, a Case
Management Order is issued.
5. Settlement Conferences
Where the matter is anticipated to proceed to a jury trial, the Court entertains
requests for settlement conferences, and/or schedules them at its own
discretion. Unless otherwise ordered, at least five (5) business days prior to
the conference, the parties shall file an updated joint pre-conference
statement, and any party may individually file a voluntary position
statement, as described above. The Court rarely conducts such conferences
in non-jury cases, even with the consent of all parties.
Lead trial counsel and the appropriate client representative(s) with full
settlement authority shall attend all settlement conferences, in person. In
cases where there is insurance coverage (or the possibility of insurance
coverage (even if there is a coverage dispute or reservation of rights), an
authorized representative(s) from the insurance carrier(s) shall attend the
settlement conference in person or be immediately available by telephone.
Carrier and client representative(s) must have full and unilateral settlement
authority on behalf of the carrier(s) to the full extent of the insurance
policy(ies). “Full settlement authority” means that all persons necessary to
make any settlement proposal or decision, or to accept or reject any
settlement offer or demand, are in attendance. The Court routinely requires
the exchange of updated/current settlement demands/offers immediately
prior to the settlement conference.
Consistent with the initial case management conference procedure, see
Section 4 above, at any settlement conference counsel shall be prepared to
discuss and agree to ADR options, including follow-up ADR proceedings.
At all settlement conferences, trial counsel shall be prepared to discuss any
anticipated dispositive motions as well as counsels’ assessment of the
amount of time necessary to try the case. No participant may leave the
conference unless and until excused by the Court.
6. Extensions and Continuances
Requests for extensions of time and continuances for the filing of motions
and briefs shall be presented by a short written motion containing
supporting facts and indicating the position of opposing counsel. Any such
motion shall include a proposed scheduling order adjusting any dates
affected by an extension or continuance. Reasonable extensions generally
will be granted. All such requests should be made at least five (5) business
days in advance of the existing deadline. Parties opposing short extensions
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must be prepared to articulate the actual prejudice which would occur if the
extension were granted.
Counsel shall expect that reasonable but specific restrictions may be placed
on further extensions when the case is not appropriately progressing.
Extensions for dates regarding appearances before the Court, conferences,
or oral arguments will be granted when the Court is given sufficient notice
so as to not complicate the Court’s calendar or prejudice other parties.
B. Discovery Matters
1. Length of Discovery Period and Extensions
Generally, 150 days is permitted for discovery, unless the parties indicate
that a different time frame is appropriate and the Court approves that time
frame. Extensions of time for discovery are permitted for good cause
shown, provided that the case has been advanced by counsel during the
initial period of discovery. The Court will, upon the request of the parties
or its own motion, consider phased discovery in appropriate cases.
2. Expert Witnesses
Discovery depositions and depositions for use at trial of expert witnesses
are nearly always permitted. Expert witness discovery is reciprocal, and the
Court encourages the use of video deposition testimony.
3. Deposition/Discovery Disputes
The Court will not take phone calls from the parties for disputes arising
during a deposition. The parties shall place the objection on the record and
proceed with the deposition.
For all other discovery disputes, prior to filing any discovery motions, the
parties shall first meet and confer in an attempt to resolve the dispute as
required by Federal Rule of Civil Procedure 37(a)(1). If the matter is still
unresolved after meeting and conferring, then the parties shall contact the
Court to schedule a telephone discovery conference prior to filing any
discovery motion.
4. Stay of Discovery
The filing of a dispositive motion does not automatically stay discovery. A
stay may be sought by motion but will ordinarily be granted only for good
cause shown. In some cases, discovery may be limited to those facts in
support of or opposition to the dispositive motion (e.g., a motion to dismiss
for lack of personal jurisdiction).
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5. Limitations on Discovery
No standard restrictions on the number of interrogatories or length of
depositions are employed beyond those set forth in the Federal Rules of
Civil Procedure.
6. Rule 11 Motions - Rule 37 Sanctions
Counsel are expected to comply with the federal and local rules. The Court
will issue a briefing order on any sanctions motion.
7. Post-Discovery Conferences
A post-discovery conference will be scheduled within thirty (30) days of the
completion of discovery. The Court shall presumptively schedule said
conferences by telephone unless counsel request, and the Court agrees, that
an in-person conference is warranted.
C. Injunctions and Temporary Restraining Orders
Where a party seeks an injunction and/or a temporary restraining order, the moving
party must establish and demonstrate that substantial and meaningful efforts were
made to contact the opposing party or its counsel prior to seeking relief, which must
be supported by filing a Federal Rule of Civil Procedure 65 affidavit regarding the
same. Otherwise, the Court will not hold a hearing on the matter or issue a
temporary restraining order. In circumstances where a bond or deposit of security
may be required if relief is granted, the moving party is expected to have arranged
for the same at the time the motion is filed.
The papers in support of a motion for a temporary restraining order or preliminary
injunction should include affidavit(s) in support of the motion with all relevant
documents attached to the affidavit(s). Any response to the motion for temporary
restraining order or preliminary injunction should be accompanied by affidavits(s).
Counsel may attach proposed findings of fact and conclusions of law, if
appropriate.
All requests for injunctions and temporary restraining orders are handled as
expeditiously as possible and the Court will, in its discretion and after review of the
pleadings and affidavit(s), determine whether to conduct a hearing and, if so,
determine the scope of the testimony necessary to resolve the matter. Counsel filing
any such motion should be immediately prepared to proceed with argument, and
testimony from supporting witnesses.
D. Patent Cases
All patent cases will follow the Western District of Pennsylvania’s Local Rules of
Practice for Patent Cases.
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E. Trial/Hearing Courtroom Procedures
1. Scheduling of Cases
Vacation schedules, family schedule conflicts, and personal and
professional schedule conflicts of trial counsel are ordinarily
accommodated when counsel has notified the Court of any such conflict as
soon as the conflict becomes known.
2. Final Pretrial Conference
At the final pretrial conference, witness lists, exhibits, motions in limine,
jury instructions, voir dire, verdict slips, and any other pretrial matters will
be discussed in detail, and generally ruled upon at the conference. As such,
counsel should be prepared to make all related arguments in a succinct
manner at that time. The Court will usually permit/direct the deposition of
necessary experts or unavailable witnesses for use at trial.
In cases where it is appropriate, the Court may inform the parties at the
pretrial conference of the amount of time each party will be allotted to
present testimony and evidence at trial.
Unless excused by the Court, all participating trial counsel, the principal
client representative/client in civil matters, and the authorized insurance
representative (all with full settlement authority) must attend the final
pretrial conference in person.
3. Trial Hours/Days
Except as is otherwise necessary to accommodate jurors, the Court
generally conducts trial Monday through Thursday, 9:00 a.m. to 4:30 p.m.
with breaks when appropriate, unless the jury requires a different schedule.
On trial days, counsel must be available at 8:30 a.m. (or earlier, if necessary,
to ensure that trial commences on time) and after the jury has been
dismissed to meet with the Court concerning scheduling, anticipated trial
issues, and to obtain advance rulings on evidentiary or other issues.
4. Trial Briefs
While not required, trial briefs are appreciated where counsel deems the
filing of the same appropriate. Trial briefs, ideally, should not exceed
fifteen (15) pages.
5. Voir Dire
The filing date for proposed voir dire questions will be set forth in the
pretrial order. The Court conducts voir dire in civil and criminal cases.
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Unless otherwise ordered by pretrial order, counsel are permitted to
supplement the standard voir dire questions. Counsel shall attempt to obtain
consent of opposing counsel prior to submission of any such supplemental
voir dire. Those supplemental voir dire questions to which counsel have
agreed upon shall be so identified. The Court may allow counsel to ask
follow-up questions during individual voir dire questioning.
6. Note Taking by Jurors
Jurors are permitted to take notes and are provided with juror notebooks to
do so. The notes will be retained by the Courtroom Deputy Clerk during
trial and deliberations, and will be destroyed once a verdict has been
rendered.
7. Side Bars
Side bars shall be permitted when warranted, upon the direction of the
Court. However, counsel should be considerate of jurors’ time. Counsel
should anticipate matters to be discussed outside of the jurors’ presence and
raise them either at the beginning or end of each trial day.
8. Opening and Closing Statements
The Court may impose time limits on opening statements and closing
arguments. The Court will determine those limits at the final pretrial
conference.
9. Examination of Witnesses Out of Sequence
Where appropriate, witnesses may be examined out of sequence upon
request of a party. Witnesses may be examined in any order to which
counsel agree. For example, counsel could agree that expert witnesses for
each side will testify in succession. The Court prefers that all testimony
from a witness be drawn out in one sitting, as opposed to a witness being
recalled.
10. Examination of Witnesses or Argument by More than One Attorney
Except in unusual circumstances with advance leave of Court, co-counsel
are not permitted to split the examination of a witness.
11. Examination of Witness Beyond Direct and Cross
Re-direct (and often re-cross) examination is usually permitted, though not
favored; further examination is not permitted without leave of Court.
12. Videotaped Testimony
The Court has no special procedures regarding videotaped testimony except
those set forth in the Local Rules.
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13. Reading of Material into the Record
The Court has no special practice with regard to reading stipulations and the
like into the record. It will be considered on a case-by-case basis.
14. Exhibits
By a date set forth in the Pretrial Order, counsel shall file on CM/ECF a
Joint Exhibit List Chart (with columns) setting forth all
government/plaintiff and defendant trial exhibits, by exhibit number/letter,
date, author, type of document, objection as to authenticity (if any) with
response, and objection as to admissibility with response. In addition,
counsel shall provide two (2) tabbed exhibit binders (standard black
presentation, 3-ring binders not larger than three (3) inches) to the Court.
The actual copy of the exhibits should not be filed on CM/ECF, only the
Joint Exhibit List Chart shall be filed on CM/ECF. The hand-delivered Joint
Exhibit List Chart and exhibit binders shall be delivered to Chambers by the
date set forth in the Pretrial Order.
One paper copy of each exhibit displayed during trial is to be provided to
the Courtroom Deputy Clerk on the same day of its display. In order for the
Jurors’ Exhibit Binders to be complete when deliberations begin, counsel
must ensure that a copy of each exhibit displayed and admitted has been
provided to Court by the last day of trial. Counsel must provide the
Courtroom Deputy Clerk with a binder(s) that will hold the paper copies of
the exhibits to be submitted to the jury at the close of trial, and this will
constitute the original record for purposes of appeal, if any.
Voluminous data must be presented by summary exhibits pursuant to Fed.
R. Evid. 1006, and voluminous exhibits shall be redacted to eliminate
irrelevant material which shall remain available for examination by
opposing counsel. Where copies of documents are offered, the originals
shall be available for examination, unless waived by stipulation. All
exhibits will be presented using the Court’s electronic presentation system.
All trial counsel must know how to use it.
Counsel are not to take time during trial to exchange exhibits with each
other as this will have been accomplished pretrial. With advance notice to
all parties and approval of the Court, visual aids and exhibits may be used
during opening statements. Exhibits need not be offered into evidence in
numeric/alphabetical order. Plaintiffs use numbers, defendants use letters.
15. Federal Rule of Civil Procedure 50 Motions
Any Rule 50 Motions shall be made in writing and shall be accompanied by
a supporting brief.
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16. Jury Instructions
The parties shall meet to agree on joint proposed jury instructions. After
meeting, the parties together shall file one combined set of proposed
instructions, and shall email a copy of the proposed instructions in
Microsoft Word format to Judge Colville’s law clerks. The filed set of
instructions shall include both the agreed upon instructions and the
proposed instructions to which the parties have not agreed. Each agreed
upon instruction shall include the following notation at the bottom of each
instruction: “This proposed instruction is agreed upon by the parties.” Each
disputed instruction shall state which party is advancing it, along with the
legal authority relied on by each party in support of and in opposition to
each such instruction. Proposed instructions as to a given issue by different
parties shall be grouped together.
Generally, a charging conference will be held at which time a ruling will be
made on each point for charge. Counsel are required to state objections to
the proposed charge at the charging conference and to supply any proposed
alternate language, together with case authority.
The Court will not accept separate proposed jury instructions from the
parties.
The Court generally tries to rule on jury instructions at or prior to the final
pretrial conference.
17. Proposed Findings of Fact and Conclusions of Law in Bench
Proceedings
Except where a shorter period is set by the Court (e.g., TRO and preliminary
injunction matters), within fourteen (14) days of the conclusion of a hearing
or bench trial (unless otherwise ordered), Plaintiff shall file (and email a
courtesy copy in Microsoft Word format to Judge Colville’s law clerks)
consecutively numbered proposed findings of fact and conclusions of law.
Plaintiff’s proposed findings of fact shall address each contested issue of
fact remaining and shall also include any facts stipulated to by the parties.
Each proposed finding of fact shall be supported by clear and explicit
reference to the record. Each proposed conclusion of law shall be supported
by citation to appropriate authority. With the proposed findings of fact and
conclusions of law, Plaintiff also shall file and serve a brief in support of
judgment, integrating the proposed findings of fact with the proposed
conclusions of law and demonstrating why the relief requested should be
granted. The supporting brief should not exceed twenty (20) pages.
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Except where a shorter period is otherwise set by the Court (e.g., TRO and
preliminary injunction matters), within fourteen (14) days after service of
Plaintiff’s proposed findings of fact and conclusions of law (unless ordered
otherwise), Defendant shall file (and email a courtesy copy in Microsoft
Word format to Judge Colville’s law clerks) consecutively numbered
counter findings of fact and consecutively numbered counter conclusions of
law, corresponding to the same numbered findings of fact and conclusions
of law proposed by Plaintiff. Each proposed counter finding shall be
supported by clear and explicit reference to the record. Each proposed
counter conclusion shall be supported by citation to appropriate authority.
With the proposed counter findings and counter conclusions, Defendant
also shall file and serve a brief in support of judgment integrating the
counter proposed findings of fact with the counter proposed conclusions of
law and demonstrating why the relief requested by defendant should be
granted. The supporting brief shall not exceed twenty (20) pages.
18. Offers of Proof
Offers of proof should not be required since the Court sets aside time before
and after a trial day to discuss trial/evidentiary matters with counsel. Should
the need arise during trial, however, the Court does not impose any
restrictions.
19. General Courtroom Rules
Counsel shall conduct themselves with courtesy and civility at all times.
The Court will not tolerate demonstrations of hostility, discrimination, or
bias of any kind. All parties and party representatives are also expected to
conduct themselves in a similarly appropriate manner.
20. Use of Courtroom Technology
The parties are invited to use trial presentation technology, courtroom
technology, and trial exhibit summaries (pursuant to Rule 1006 of the
Federal Rules of Evidence), to the fullest extent possible in all cases.
Should the parties require training or other information on use of the
courtroom technology, the parties may contact Sean Fox, of the Information
Technology Department, at (412) 208-7468. Unsecured, wireless internet
access is available in the Courtroom. Counsel are expected to make
arrangements to share major AV devices (projectors, jumbo screens, etc.).
F. Jury Deliberations
1. Written Jury Instructions
The jury will be provided with a copy of the jury instructions.
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2. Exhibits in the Jury Room
At the close of trial, the Court will determine what, if any, evidence will be
provided to the jury for use in deliberations.
3. Jury Requests to Read Back Testimony or Replay Tapes During
Deliberations
Requests to read back testimony or replay tapes during deliberations will be
considered on a case-by-case basis, but will ordinarily be denied.
4. Jury Questions
Jury questions must be in writing. The Court will confer with counsel and
arrive at a satisfactory instruction/response.
5. Availability of Counsel During Jury Deliberations
Trial counsel need not remain in the courtroom area but must be
immediately available by telephone so that they can promptly return to the
Courthouse upon being contacted by the Court.
6. Interviewing the Jury
The Court will inform the jurors that they may speak to counsel but are not
required to do so. Counsel shall not approach any juror until the Court has
met with and dismissed the members of the jury.
IV. BANKRUPTCY APPEALS (TO THE DISTRICT COURT)
A. Filing and Scheduling
The brief for the appellant shall be served and filed within fourteen (14) days after
entry of the appeal on the docket pursuant to Bankruptcy Rule 8007; the brief for
appellee shall be served and filed within fourteen (14) days after service of
appellant’s brief. Reply briefs may be filed according to the schedule set forth in
Bankruptcy Rule 8009(a)(3), upon notification to the Court that such reply brief
shall be filed.
B. Oral Argument
Oral argument is not generally scheduled but may be scheduled upon request.
C. Other General Practices/Procedures
Briefing schedules and other deadlines imposed by the Federal Rules of Bankruptcy
Procedure will be modified, where appropriate, on the request of the party.
V. CRIMINAL CASES
A. Motions for Extensions
The Court considers requests for extensions (including to file pretrial motions) on
a case-by-case basis. All such motions should be filed at least two (2) days before
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the expiration of any pending motions schedule. The Court requires language in
any proposed order that effectively excludes extended time for purposes of the
Speedy Trial Act. Should a criminal defendant request numerous continuances, the
Court may schedule a conference to assess the status of the case.
B. Pretrial Conferences
The Court will conduct one or more conferences with counsel prior to trial to deal
with schedules, coordination with essential witnesses, and the like.
C. Guilty Pleas
The Court has no special rules regarding guilty pleas, or deadlines for
accepting/rejecting plea agreements.
D. Voir Dire
The Court conducts voir dire in criminal cases with the assistance of his law clerks
and Deputy Clerk. General questions will be asked of the venire panel as a whole;
specific individual inquiry with prospective jurors will then be undertaken as
warranted. Counsel are permitted to augment the standard voir dire questions set
forth in the Local Rules by submitting proposed questions which will be ruled upon
or otherwise considered in formulating the general questions to be asked of the
panel. The due date for proposed voir dire questions is set by the Trial Scheduling
Order. Counsel may be permitted to ask follow-up questions during individual
examination of jurors during voir dire.
E. Trial
In multi-defendant cases, all counsel may examine each witness. However, counsel
should not duplicate areas previously covered by other counsel.
If the parties request sequestration of witnesses, the Court routinely grants the
request.
The Court usually permits the use of transcripts of tape-recorded conversations.
The jury will be instructed that the evidence is audio evidence from the tape-
recorded conversations, not the transcript, and that if what the jury reads on the
transcript differs from what they heard on the recording, the recording controls.
Defense counsel is permitted to determine when to make an opening statement.
The Court permits the use of special interrogatories in a criminal case if appropriate.
F. Sentencing Memoranda
The Court expects the filing of a sentencing memorandum per its standard
presentence order. All motions or other matters regarding calculations of the
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Advisory Sentencing Guidelines, Departures or the calculation of Criminal History
matters must be raised in the “Position with Respect to Sentencing Factors.”
G. Sentencing Conference
The Court does not usually hold a sentencing conference regarding issues under the
Sentencing Guidelines prior to the actual imposition of sentence, but may hold one
if requested. The Court usually issues an order setting forth tentative findings and
rulings on sentencing matters several days before sentencing.
H. Other Practices and Procedures
1. The Court will include recommendations to the Bureau of Prisons in the
judgment order if appropriate.
2. The Court requires the filing of a motion for leave to travel outside the
Western District by a defendant, and each such motion should state the
position of the Assistant U. S. Attorney and the Probation Officer.
3. Counsel for the United States is responsible for obtaining any writs
necessary for the appearance of persons in custody at any change of plea,
sentencing proceeding, or other proceeding. Further, if the United States
will move for bond revocation at any proceeding, the Assistant U.S.
Attorney must so advise the Court and the defense counsel at least twenty-
four (24) hours before the proceeding.
4. Any counsel desiring to have an “in-custody” Defendant appear at any
proceeding in civilian attire must make arrangements in advance with the
Marshal’s Office.
5. Defense counsel shall advise the Court’s Deputy Clerk in plenty of time if
they want an “in-custody” Defendant to attend any proceeding in person
(other than trial or sentencing, or other proceeding as required by Fed. R.
Crim. P. 43(a) or a probation/supervised release revocation hearing, for
which proceedings the Court will notify the Marshal’s Office).
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