Written
correspondence from counsel to the court.
Judge Conner prefers no written correspondence unless directed by
the court, in which case, counsel may correspond with him, provided that all
other counsel are copied. Counsel are discouraged from copying the court on
correspondence between one another.
Communication between
counsel and the Judge’s law clerks.
Judge Conner does not allow
communication between counsel and his law clerks.
Preference for the use
of telephone conferences rather than in-person conferences for any category
of conferences that you schedule in connection with a case.
With the exception of pretrial
conferences and settlement conferences, Judge Conner prefers that
conferences be conducted by telephone.
Preference regarding pro
hac vice admissions.
Judge Conner does not require
a formal motion for pro hac vice admissions. Judge Conner prefers use
of the special admission form available from the Clerk of Court.
Preference regarding
oral arguments on motions.
Judge Conner considers
requests for oral argument on a case-by-case basis. Counsel desiring oral
argument should include a formal request for argument in their motion or
supporting brief.
Preference for
courtesy copies of motions, briefs, and other writings for chambers.
If time is of the essence,
Judge Conner prefers to receive courtesy copies of filings.
Standard form of
scheduling order(s).
A sample of Judge Conner’s case management order is available
here.
Preferences regarding
Federal Rule 16 and M.D. Pa. Local Rule 16.1 et seq.
Judge Conner adheres to
the dictates of the rules.
Preferences regarding
Federal Rule 26 and M.D. Pa. Local Rule 26.1, et seq.
Judge Conner generally
adheres to the dictate of both rules. Judge Conner prefers that discovery
commence before the Rule 16 conference. He directs that counsel not file
discovery motions unless conflicts cannot be resolved by telephone
conference.
The extent to which
counsel may influence the length of the discovery period, extensions, trial
dates, etc.
The opinions and requests of
counsel are elicited during the initial case management conference and are
considered in establishing case deadlines. Thereafter, Judge Conner
discourages alterations of the case management order and does not allow them
without good cause shown.
The average amount of
time allowed for discovery in a standard track case.
Judge Conner generally allows
six (6) months for discovery in a standard track case.
Preferred approach and
procedures for handling discovery conferences and disputes.
Judge Conner prefers to handle
discovery disputes via telephone conference. In the event that discovery
disputes arise and are not resolved after counsel attempt in good faith to
do so, the matter shall be brought before the court by way of a telephone
conference rather than through the filing of formal motions.
Preferences regarding
the handling of confidentiality agreements, particularly in light of the
Third Circuit’s.
Judge Conner encourages
counsel to submit confidentiality agreements by stipulation.
Preferences
regarding requests for additional pages in excess of the page limitations
set forth in Middle District Local Rule 7.8.
Judge Conner prefers that all
such requests be made by formal motion.
Use of different
pre-trial memorandum format than that included with the Middle District
local rules.
Judge Conner uses the standard
pre-trial memorandum form included in the local rules.
Preferences and
procedure regarding 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 Conner schedules cases
for trial for a particular month, during the initial case management
conference. Criminal matters are tried before civil matters and the longest
pending matters scheduled during that trial term are tried first. Subject to
these restrictions, Judge Conner will consider setting a date certain for
some non-jury matters, trials involving large numbers of counsel and/or
witnesses and trials which are expected to run for more than a week.
How needs of
out-of-town parties, attorneys, or witnesses are accommodated.
Judge Conner considers these
factors when setting the trial date, usually at the pre-trial conference.
Preferences regarding
the delivery of written reports to the court by expert witnesses who are
scheduled to testify.
Judge Conner prefers that any
such reports be submitted to the court by counsel as part of their pretrial
memoranda.
Preferences regarding
the submission of trial briefs by counsel.
Judge Conner prefers to have
trial briefs submitted at least two (2) days prior to trial.
Counsel participation
in voir dire.
Judge Conner will conduct voir
dire but allows written submissions of proposed questions. In some civil
cases, he may allow counsel to conduct voir dire based upon questions
submitted to and approved by him.
Time limits for
opening and closing statements at trial.
Absent unusual circumstances,
one-half hour.
Preference for counsel
to examine witnesses from counsel table or elsewhere, including whether you
prefer counsel to remain seated while examining witnesses.
Judge Conner has no
preference.
Whether more than one
attorney may handle trial for a party.
Judge Conner allows more than
one attorney to handle trial for a party.
Preference for
handling sidebar conferences.
Judge Conner has no particular
practice.
Preference or
requirements for introducing videotaped testimony.
When videotaped testimony is
presented, Judge Conner requires a printed transcript for submission to the
record.
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 Conner requires pre-marking of exhibits at the meeting of
counsel preceding the pretrial conference, as required by the rules. Prior
to the commencement of trial, counsel shall submit three (3) complete
exhibit lists and three (3) complete sets of exhibits for the court’s use,
in addition to the original which will be offered into evidence. [*Note -
Parties offering more than ten (10) written exhibits must provide the court
with two copies of his or her exhibits in three-ring binders.]
Preference for the
moving of exhibits into evidence at trial.
Judge Conner prefers motions
for admission of all exhibits at the end of each party’s case.
Allowance of
examination of witnesses beyond redirect and recross.
Judge Conner does not permit
examination of witnesses beyond redirect and recross.
Special requirements
for reading of depositions or other material onto the record at trial.
Judge Conner has no special
requirements.
Preference for written
motion and/or brief for judgment as a matter of law or judgment on the
pleadings when such motion is made during trial.
Judge Conner does not require
a written motion or brief for such matters.
Approach to in limine motions.
Judge Conner sets a deadline
for motions in limine in the case management order. He does not
permit in limine motions at trial.
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 Conner requires that
proposed jury instructions be submitted by no later than the time of the
pretrial conference. He generally adheres to the number of jury instructions
permitted by the local rules, with exceptions made in appropriate cases.
Note Taking by jurors.
Judge Conner does not permit note taking
by jurors.
Whether the jury may
take exhibits into the jury room for deliberation and, if so, any limits.
Judge Conner allows exhibits
to be taken to the jury room. He generally does not allow expert reports or
medical records to be taken to the jury room.
Preference regarding
the submission of written verdict forms (in the form of interrogatory
questions) to the jury.
Judge Conner routinely submits
verdict forms. He requires counsel to submit proposed verdict forms, then he
prepares the final verdict form that is to answered by the jury.
Written jury
instructions provided to the jury.
Judge Conner will submit a
written copy of the charge or a tape recording if the jury requests it.
Requirements as to
counsel’s whereabouts during jury deliberations.
Judge Conner requires counsel
to notify his courtroom deputy of their whereabouts and to be able to come
to court in five minutes from notification.
Whether counsel may
speak with the jurors after a verdict has been rendered and recorded and, if
a jury is polled, who conducts the polling.
Judge Conner requires that
counsel notify him if they intend to talk to jurors after trial so the
jurors can be advised in advance. Judge Conner’s courtroom deputy conducts
any polls. Judge Conner will not allow polling after he has instructed his
courtroom deputy to enter judgment on the verdict.
Jury requests for
review of testimony or recorded evidence.
Judge Conner does not allow
juries to review testimony or recorded evidence.
Handling requests
for temporary restraining orders, preliminary injunctions, and other
emergency relief.
Judge Conner has no special
practice for requests for emergency relief, except that counsel seeking ex
parte relief must be prepared to state what efforts were made to notify
the opposing party/opposing counsel of the intention to seek emergency
relief.
As to injunctions,
whether expedited discovery and briefing is allowed and, if so, whether
briefing is allowed before or after any preliminary injunction hearing, and
whether proposed findings of fact or conclusions of law in such cases are
required.
Judge Conner may grant
expedited discovery and briefing, preferably before a hearing.
Prefer to receive
copies of appellate filings when an appeal has been taken from an order.
Judge Conner does not wish to
receive copies of appellate filings.
General approach to
settlement and non-jury cases and use of magistrate judges.
In non-jury cases, Judge
Conner refers settlement discussions to the magistrate judge. He tries to
encourage mediation. In jury cases, either Judge Conner or the magistrate
judge will conduct settlement discussions.
Extent to which
practices and procedures in criminal cases are varied from those in civil
cases.
Judge Conner does not vary his
practice between criminal and civil cases.
Procedures as to
Magistrate’s reports.
Judge Conner has no special
procedures regarding Magistrate reports.
Media communications.
Judge Conner refers all media
requests to the Clerk of Court.
Other preferences.
Judge Conner prefers a table
of contents on all briefs, even those that are less than fifteen (15)
pages. In addition, Judge Conner will defer ruling on pretrial motions which
lack a certificate of concurrence/non-concurrence.
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