The Law Mind

Judge Hornak's Trial Procedures — Mark R Hornak District Judge

W.D. Pa. Judge Practices (Mark R Hornak District Judge) · Mark R Hornak District Judge

June, 2019 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA JUDGE HORNAK’S TRIAL PROCEDURES 1. If you will be using any technology during the trial, please contact the Courtroom Deputy, Brian Babik, at least one (1) week in advance to discuss set-up at a time prior to the day of jury selection to test your equipment. 2. Each counsel table is equipped with both HDMI and VGA cable capability for laptops. If you plan on utilizing a Mac, you will need an adapter, which the court staff does not provide. 3. An ELMO projector is also available to show hard copies of documents. 4. If you will be bringing any outside technology into the building for trial (i.e. laptops, iPads, projectors, jumbo screens) please contact Chambers and provide a list of the individuals and what devices they will be bringing with them. As a general rule, the Court requires that counsel arrange for the use by all parties of “major” AV equipment (projectors, jumbo screens, etc.). The court staff will then make the appropriate arrangements with the USMS Office. 5. Courtroom 6A does not have dedicated attorney conference rooms. If your legal team requires one for the duration of the trial, please contact Chambers prior to the date of jury selection, and we will do our best to locate a meeting room for your use. 6. On the morning of jury selection, we anticipate having the jury seated in the courtroom to begin voir dire at 9:30 AM. Please be in the Courtroom by 8:45 AM. 7. Mr. Babik will provide counsel with a list of potential jurors once he has seated the potential jurors in the courtroom. 8. Once we have completed the group voir dire in the courtroom, we will usually relocate to Chambers and begin the individual portion of voir dire. At least the following shall be present: The Court, law clerk, courtroom deputy, court reporter, counsel and one (1) client representative (unless waived). That portion of the voir dire is also on the record, and consistent with applicable law, the Court will provide for public access to the content of those proceeding in an appropriate fashion. 9. For the duration of the trial, the Chambers staff will provide the jury with bottles of water. Counsel will be responsible for their own bottled water. If requested, Chambers will also provide a pitcher, which can be filled at the water fountain located just outside of the courtroom’s main doors. Only cups or bottles with a mechanical screwing/snap-tite lids for soft drinks are permitted at counsel table. No flimsy take-out lids. 10. Trial will begin each morning at 9:00 AM. We will take our lunch break between 12:00 PM and 12:30 PM, for approximately an hour, depending on when counsel and the Court deem it appropriate. We will also take a 10-15 minute break each morning and each afternoon, and recess each day no later than 4:30 PM. 11. If counsel has any issues to address with the Court prior to the start of a trial day, they shall notify the court staff upon their arrival to the courtroom. 12. Counsel is responsible to meet with Mr. Babik at the conclusion of each trial day to confirm which exhibits have been admitted into the record. Counsel shall provide Mr. Babik with the admitted exhibits, which he will use to create a binder that will go up with the jury at the time of deliberations. 13. Opening Statements/Closing Arguments are usually limited to 30 minutes per party. In civil trials, Plaintiff closes last. Judge Hornak will discuss with counsel whether the jury charge is given before or after closings. 14. Counsel may move around the Courtroom, and approach the witness, without specific permission, so long as they: (a) do not abuse the privilege; (b) do not block anyone’s view; (c) do not invade anyone’s space; and (d) behave themselves. 15. Counsel are to address all participant’s formally (Ms., Mr., Sir, Madam, Miss, etc.). No first names except as to small children. Counsel are expected to treat everyone in the Courtroom professionally and with respect.
Official source: https://www.pawd.uscourts.gov/sites/pawd/files/Hornak_Trial_Procedures_0619.pdf · retrieved 2026-07-23