Return to Judicial Officers and Preferences

Judicial Preferences
(Return to Judge Caputo's Biography)

Written correspondence from counsel to the court.
Judge Caputo does not favor written correspondence from counsel and only accepts it in "exceptional" circumstances

Preference for the use of telephone conferences rather than in-person conferences for any category of conferences scheduled in connection with a case.
Judge Caputo prefers in-person conferences but will allow case management conferences by telephone on a case-by-case basis.

Courtesy copies of motions, briefs, and other writings for chambers.
Judge Caputo prefers not to receive courtesy copies of filings.

Federal Rule 26 and M.D. Pa. Local Rule 26.1 et seq. (including your approach to initial disclosures, discovery prior to the Rule 16 conference) and preferences as to the matters encompassed within those Rules.
Judge Caputo adheres to the dictates of the rules.

The extent to which counsel may influence the length of the discovery period, extensions, trial dates, etc.
Judge Caputo considers requests on a case-by-case basis.

The average amount of time allowed for discovery in a standard track case and the extent to which the standard amount of time is varied.
Judge Caputo generally allows four to six months for discovery. He allows extensions when they are justified.

Procedure for scheduling trials, including whether a date certain for trial is assigned; if so, the amount of time prior to trial that such a date certain is assigned; and the extent to which it may be moved during the month in which it has been scheduled.
Judge Caputo schedules trials in advance for a given month. He generally does not give a date certain. Judge Caputo's staff generally gives 24 hours' notice of the commencement of trial. He advises that trials may be moved within a given month.

Trial briefs submitted by counsel.
Judge Caputo does require trial briefs and he requires counsel to follow the form in the local rules.

Counsel participation in voir dire.
Judge Caputo does allow counsel to participate in voir dire.

Whether more than one attorney may handle trial for a party.
Judge Caputo allows more than one attorney to handle a trial for a party.

Pre-marking of documentary and photographic exhibits and other demonstrative evidence for trial and the date upon which exchange of exhibits is to take place, if any.
Judge Caputo requires that counsel comply with the dictates of the local rules.

Practice for the receipt of proposed jury instructions, including the form of jury instruction, and any divergence from the number of jury instructions permitted by the Middle District local rules.
Judge Caputo requires that counsel follow the local rules.

Written verdict forms (in the form of interrogatory questions) to the jury.
Judge Caputo does submit written verdict slips with interrogatories to juries.

General approach to settlement and non-jury cases and use of magistrate judges.
Judge Caputo encourages settlement, and he participates in attempts to settle jury cases. Judge Caputo does not participate in settlement of non-jury cases but will ask another judge to assist in that process.


PLEASE NOTE: These Preferences are courtesy of the Pennsylvania Bar Institute's Middle District Manual (4th ed., April 2001). More complete Preferences for each Middle District Judicial Officer are contained in the Middle District Manual. For more information on purchasing the Manual, visit the PBI's home page.


Return to Judicial Officers and Preferences.

Return to main page.

Feedback

Privacy Statement